Rogers v. Miller Peanut Company

This case was transferred to this court by the Supreme Court. Rogers v. Miller Peanut Co., 199 Ga. 835 (35 S. E. 2d, 469). To the statement of the issues by the Supreme Court it is necessary only to add here, for- the purposes of this decision, that the defendant’s cross-petition claimed damages of the plaintiff for breach of the contract set forth in the petition. Other pertinent additional facts will be referred to in the opinion.

The judgment dismissing the cross-action was a judgment in effect ruling against the plea of ■ equitable estoppel. The judgment was based on the case of Holloway…