Brunswig v. East Point Milling Co.
Court of Appeals of Georgia
Action for breach of contract; from city court of Atlanta-*-Judge Reid. December 2, 1911.
1Opinion of the CourtPottle, J.
1. A contract for the sale of “one ear No. 2 white corn, 1,000 bu. bulk price 91 1/4 cts. per bushel f. o. b. East Point, Ga.,” is not complied with by tendering at the point of delivery a ear containing 1,071 bushels of corn of the quality contracted for.
2. The contract being unambiguous, evidence of a custom of the trade that in sales of the character involved there might be a variance in the quantity contracted for, of from 50 to 100 bushels, was not admissible.
3. Eailure by the purchaser to assign the variation in quantity as a reason for his refusal to accept is not a waiver of his…
2Cited by11 opinions
- Weems v. Albert Pick & Co.Court of Appeals of Georgia · 1925
- Colfax Gin Co. v. Buckeye Cotton Oil Co.Court of Appeals of Georgia · 1919
- Complete Trucklease, Inc. v. Auto Rental & Leasing, Inc.Court of Appeals of Georgia · 1981
- Mueller v. GolloberCourt of Appeals of Texas · 1923
- Cartersville Grocery Co. v. RowlandCourt of Appeals of Georgia · 1915
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