Albany Phosphate Co. v. Hugger Bros.
Court of Appeals of Georgia
Complaint, from city court of Albany — Judge Crosland. June 26, 1907. Hugger Brothers contracted with the Albany Phosphate Company “to build a large plant for the manufacture of acid phosphate and fertilizers, according to certain plans and specifications made by an architect and engineer, P. S. Gilchrist.
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Complaint, from city court of Albany — Judge Crosland. June 26, 1907. Hugger Brothers contracted with the Albany Phosphate Company “to build a large plant for the manufacture of acid phosphate and fertilizers, according to certain plans and specifications made by an architect and engineer, P. S. Gilchrist. The contract reads as follows: “This agreement, made and entered into this 17th day of May, 1905, between the Albany Phosphate Company, of Albany, Georgia, a corporation organized and existing under the laws of the State of Georgia, hereinafter called the ‘company/ party of the first part,…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.)
1. After the court had made the several rulings on demurrer, adverse to the defendant, to which exceptions pendente lite were preserved, and before the introduction of any testimony at the trial, the defendant admitted a prima facie case in the plaintiffs, in order to obtain the opening and concluding argument before the jury; and, in the trial of the case, it availed itself of this right. The defendants in error contend that this court should not consider *774any of tbe exceptions pendente lite, for the reason that this admission is a waiver of the defendant’s…
2Cases cited32 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Wicker v. HoppockSupreme Court of the United States · 1867
- McCandless v. ConleySupreme Court of Georgia · 1902
- Augusta Factory v. BarnesSupreme Court of Georgia · 1884
- Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
27 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Toler v. GoodinSupreme Court of Georgia · 1946
- Russell v. BayneCourt of Appeals of Georgia · 1932
- Cabaniss v. StateCourt of Appeals of Georgia · 1910
- Massee v. State Farm Mutual Automobile Insurance Co.Court of Appeals of Georgia · 1973
- Clemones v. Alabama Power Co.Court of Appeals of Georgia · 1963
34 more not listed; retrieve them via the Exa API.