Legal Opinion

Zipperer v. Doyle

Supreme Court of Georgia

Decided February 19, 1906PublishedCited by 4 opinions

Complaint. Before Judge Norwood. City court of Savannah. July 21, 1905. Simkins & Company, a firm composed of D. W. Simkins and James A. Doyle, brought suit against Zipperer for $294.10, alleged to be due as a balance on an open account, in which the defendant was charged with fifteen tons of fertilizer and credited with sixty-three bags of fertilizer returned.

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Complaint. Before Judge Norwood. City court of Savannah. July 21, 1905. Simkins & Company, a firm composed of D. W. Simkins and James A. Doyle, brought suit against Zipperer for $294.10, alleged to be due as a balance on an open account, in which the defendant was charged with fifteen tons of fertilizer and credited with sixty-three bags of fertilizer returned. The defendant answered, denying indebtedness; and filed a plea of recoupment, in which it was .alleged, that he contracted with the plaintiffs for fifteen tons of fertilizer, which they warranted to be of equal grade and as good as…

1Opinion of the CourtBeck, J.

1. A- plaintiff can not recover on an account for the sale of fertilizer, made on February 12, 1902, if it be made to appear, by the evidence, that the sacks containing the fertilizer were not tagged according to law (Holt v. Navassa Guano Co., 114 Ga. 668) ; and a charge of the court excluding from the consideration of the jury any evidence tending to show that they were not so tagged constitutes reversible error.

2. Under the rule, that “when the competency of a witness depends upon the determination of a question of fact, the decision of the judge will not generally be disturbed, if there…

2Cases cited3 opinions

  1. Dowdy v. Watson & LewisSupreme Court of Georgia · 1902
  2. Whitley v. HudsonSupreme Court of Georgia · 1902
  3. Carroll v. BarberSupreme Court of Georgia · 1904

3Cited by4 opinions

  1. Arlington Oil & Guano Co. v. SwannCourt of Appeals of Georgia · 1913
  2. Planters Fertilizer Co. v. WheelerSupreme Court of Georgia · 1914
  3. Cooper v. SimmonsCourt of Appeals of Georgia · 1934
  4. Gossett & Son v. BishopCourt of Appeals of Georgia · 1912

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