Stoddard Manufacturing Co. v. Adams
Supreme Court of Georgia
Appeal. Before Judge Holden. Elberb superior courb. Sepbember 13, 1904. The action was on an accounb for bhe value of a disc drill. The defendanb filed a plea which conbained substantially bhe following allegations: The contracb or order for bhe drill was obtained from him by the fraud and misrepresentations of the plaintiff’s agent, Dix.
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Appeal. Before Judge Holden. Elberb superior courb. Sepbember 13, 1904. The action was on an accounb for bhe value of a disc drill. The defendanb filed a plea which conbained substantially bhe following allegations: The contracb or order for bhe drill was obtained from him by the fraud and misrepresentations of the plaintiff’s agent, Dix. The contracb was in the form of a booklet containing several pages of printed matter, as well as blank spaces for the description of the goods. Dix came to the defendant’s place of business, and solicited an order for certain goods. They agreed upon the…
1Opinion of the CourtCobb, J.
Ifc is settled by numerous decisions of this court that where one signs a contract without reading it, he is bound by its terms; unless he shows that he could not read, and was for this reason imposed upon, or that the contract was signed under some emergency which excused the failure to read, or that the failure to read was brought about by some fraud or misleading device of the other party. Walton Guano Co. v. Copelan, 112 Ga. 319 ; McDonald v. Bluthenthal, 117 Ga. 120; Ga. Medicine Co. v. Hyman, 117 Ga. 851; So. Bell Tel. Co. v. Harris, 117 Ga. 1001, 1004; Sumner v. Sumner, 121 Ga. 9. The…
2Cases cited7 opinions
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Walton Guano Co. v. CopelanSupreme Court of Georgia · 1900
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
- Southern Bell Telephone & Telegraph Co. v. HarrisSupreme Court of Georgia · 1903
- Brooks v. MatthewsSupreme Court of Georgia · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lewis v. FoySupreme Court of Georgia · 1940
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- Green v. JohnsonSupreme Court of Georgia · 1922
- Morrison v. RobertsSupreme Court of Georgia · 1942
- Weaver v. RobersonSupreme Court of Georgia · 1910
49 more not listed; retrieve them via the Exa API.