Branch, Sons & Co. v. Palmer
Supreme Court of Georgia
Evidence. Contracts.' Custom. Verdict. Before Judge SIMMONS. Bibb Superior Court. April Term, 1879- Branch, Sons & Co. sued Palmer.
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Evidence. Contracts.' Custom. Verdict. Before Judge SIMMONS. Bibb Superior Court. April Term, 1879- Branch, Sons & Co. sued Palmer. The declaration alleged that he had contracted with them to furnish to certain parties in Liverpool certain cotton, to-wit: “The said Palmer on the twenty-eighth day of October, 1876, sold your petitioners three hundred bales of cotton of an average weight of five hundred pounds each bale, two hundred of said bales being good ordinary at 9-J cents per pound, and one hundred bales being middling at iof cents per pound ; and on October 31st, 1876, two hundred other…
1Opinion of the Court
Jackson, Justice.
This suit was brought to recover damages from Palmer by-Branch, Sons & Co. for failure to deliver cottons purchased by the latter from the former. Under the instructions of the court, the jury found for the defendant, and a motion for a new trial being refused to plaintiffs, they bring-their case to this court.
1. The defendant refused to deliver 300 bales of cotton already bought and shipped, and to buy and deliver anymore because plaintiffs dishonored his draft on them in Augusta, the defendant being a resident of Macon, for fourteen thousand dollars, which he had drawn on…
2Cited by33 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- National Surety Co. v. LongCourt of Appeals for the Eighth Circuit · 1903
- Regents of the University System v. BlantonCourt of Appeals of Georgia · 1934
- Broxton v. NelsonSupreme Court of Georgia · 1898
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