Legal Opinion
Clegg-Ray Co v. Indiana Scale & Truck Co.
Supreme Court of Georgia
Decided May 18, 1906PublishedCited by 27 opinions
Complaint. Before Judge Henderson. City court of Vienna. April 28, 1905.
1Opinion of the CourtBeck, J.
A plea of total failure of consideration to a suit for tlie con- • tract price of certain articles is not supported, where the evidence fails to show that the articles are entirely worthless; and in the absence of any data from which the jury could ascertain how much less the goods are worth than the contract price, it is not error for the court to direct a verdict for the plaintiff. Hornsby v. Butts, 85 Ga. 694; Morgan v. Printup, 72 Ga. 66.
Judgment affirmed.
All the Justices concur, except Fish, G. J., absent.
2Cases cited2 opinions
- Hornsby v. ButtsSupreme Court of Georgia · 1890
- Morgan v. Printup Bros. & PollardSupreme Court of Georgia · 1883
3Cited by27 opinions
- Coast Scopitone, Inc. v. SelfCourt of Appeals of Georgia · 1972
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
- Consolidated Phosphate Co. v. Sturtevant Co.Court of Appeals of Georgia · 1917
- Stimpson Specialty Co. v. ParkerCourt of Appeals of Georgia · 1912
- Colt Co. v. WheelerCourt of Appeals of Georgia · 1923
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