Bearden Mercantile Co. v. Madison Oil Co.
Supreme Court of Georgia
’ Complaint. Before Judge Lewis. Morgan superior court. March 8, 1906. The Madison Oil Company brought suit against the Bearden Mercantile Company on an account for $1627.96. The bill of particulars attached to the petition contained items of cottonseed hulls and meal, sold at different dates, from September 1, 1903, to March 8, 1904. The total amount of the account was $T,958.28, which was credited with $330.32, leaving a balance due.as above stated.
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’ Complaint. Before Judge Lewis. Morgan superior court. March 8, 1906. The Madison Oil Company brought suit against the Bearden Mercantile Company on an account for $1627.96. The bill of particulars attached to the petition contained items of cottonseed hulls and meal, sold at different dates, from September 1, 1903, to March 8, 1904. The total amount of the account was $T,958.28, which was credited with $330.32, leaving a balance due.as above stated. The defendant filed an answer in which it admitted that the goods set out in the petition were sold and delivered to the defendant as therein…
1Opinion of the CourtCobb, P. J.
(After stating .the facts.)
1. The contract involved in the present case is not a contract for the sale of goods. There were no particular articles identified by the contract, and it lacked this essential element of a sale. It 'is an executory agreement for the sale of goods to be delivered at a future date. As such it is valid and binding; and this is true notwithstanding the seller had not the goods in his possession, had not contracted to purchase them, and had no expectation of acquiring them other than by purchase or manufacture at some time before the date of delivery. Forsyth…
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