Stallings v. DeBardeleben Coal Co.
Court of Appeals of Georgia
Action for breach of contract; from Colquitt superior court-judge Thomas. October 30, 1917. ' ■ L. Y. Stallings brought suit by attachment against the DeBardeleben Coal Company.
Read the full summary
Action for breach of contract; from Colquitt superior court-judge Thomas. October 30, 1917. ' ■ L. Y. Stallings brought suit by attachment against the DeBardeleben Coal Company. The suit was for damages for failure of the defendant to ship 500 tons of Sipsey coal to the plaintiff according to the terms of a contract between them, dated April 12, 1916. The plaintiff, by amendment, alleged that he ordered 50 tons of coal on October 13, 1916, and 50 tons on October 18, 1916, and that on December 27, 1916, he ordered 200 tons to be shipped in January, 1917, and 200 tons to be shipped in February,…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) Was there a breach of the contract by the defendant by its failure to ship coal as ordered by the plaintiff? The contract is admitted by the defendant, It is further admitted by the defendant that it shipped no coal to the plaintiff under this contract. It also appeared from the correspondence that two ears of coal of 50 tons each were ordered by the plaintiff to be shipped under this contract, one on October 13th, 1916, to be shipped at once, and one on October 18, 1916, to be shipped November 15, 1916. The defendant, however, relies on the following…
2Cases cited4 opinions
- Christian v. Macon Railway & Light Co.Supreme Court of Georgia · 1904
- Bearss v. . CopleyNew York Court of Appeals · 1854
- Johnson v. Sun Fire InsuranceCourt of Appeals of Georgia · 1908
- Donaldson v. Marsh Cypress Co.Court of Appeals of Georgia · 1911