Proctor & Gamble Co. v. Blakely Oil & Fertilizer Co.
Supreme Court of Georgia
Arbitration and award. Before Judge Wright. Early superior ■court. April 21, 1906. The Proctor & Gamble Company, of Cincinnati, Ohio, a corporation, sued the Blakely Oil & Fertilizer Company, a corporation of Blakely, Ga., to recover the sum of $1,732.38, and interest thereon from May 17, 1903. The petition made the following allegations: On March 25, 1903, the plaintiff purchased ■of the defendant “two tanks of crude cottonseed oil, on a basis ■of prime,” as appeared by…
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Arbitration and award. Before Judge Wright. Early superior ■court. April 21, 1906. The Proctor & Gamble Company, of Cincinnati, Ohio, a corporation, sued the Blakely Oil & Fertilizer Company, a corporation of Blakely, Ga., to recover the sum of $1,732.38, and interest thereon from May 17, 1903. The petition made the following allegations: On March 25, 1903, the plaintiff purchased ■of the defendant “two tanks of crude cottonseed oil, on a basis ■of prime,” as appeared by reference to a copy of the contract, attached to the petition and marked as an exhibit. “TJpon the arrival of said oil at…
1Opinion of the CourtFish, C. J.
(After stating the facts.)
1. Counsel for the defendant in error raises a question of practice, by contending that “where plaintiff fails to make out a case, and defendant introduces testimony, and the court directs a verdict for defendant, the plaintiff, who has had an opportunity to dismiss or take a voluntary nonsuit, can not successfully complain of the direction of the verdict.” This contention is not *615sound. In this ease the plaintiff had to prove a written submission to arbitration, before introducing the award, which was the basis of its suit, and when the court excluded from evidence…
2Cases cited10 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Lenney v. FinleySupreme Court of Georgia · 1903
- Littleton v. Patton & Co.Supreme Court of Georgia · 1900
- Miller v. SpeightSupreme Court of Georgia · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Moore v. StateSupreme Court of Georgia · 1978
- Harris v. StateSupreme Court of Georgia · 1940
- Isom v. SchettinoCourt of Appeals of Georgia · 1973
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1923
- Scaife v. ScaifeSupreme Court of Georgia · 1910
34 more not listed; retrieve them via the Exa API.