80 Ga. 302 | Ga. | 1888
Spurlock sued West in the city court of Carrollton. In his declaration he alleged that he and West had jointly purchased a certain tract of land, known as the Mill property, and situated in the town of Carrollton, from two men named Camp; that the trade was made by West, West having insisted that he should be allowed to make it, as he was better acquainted with the Camps than Spurlock was, and that he was going to get the property as cheaply as he could; each was to pay half of the purchase money. He alleged that West represented to him that he had given $1,400 for the property, when in fact he had only given $1,100; that he (Spurlock) paid $700, his half of the
The Camps also testified that it was not true that they took the Pitts place from West in exchange for this property, but that he paid them $400 in cash, and gave hi3 note for the remainder, one for $400 and the other for $300, making altogether the sum of $1,100. It was further shown, by the testimony, that West gave a bond for titles to the Pitts place to the Camps; conditioned to make title when two $500 notes made by Camp to him were.paid. West testified that these two $500 notes were given to him by the Camps, not for the Pitts place, but for a loan of $800. The Camps denied this. They said that the two $500 notes were given for the Pitts place, and that they surrendered to West the $300 note-which he had given them for the mill property. They were to pay $1,300 for the Pitts place; they paid $300 to West, and this $300 note which he had given to them, and they traded off the other $400 note. Looking at the facts of this case, it is very strange that if he (West) made an exchange of the Pitts place for the mill property, he should have given his
We do not think the judge ought to have granted the motion for a new trial, and we reverse the judgment.
Judgment reversed.