Simpson & Harper v. Sanders & Jenkins
Supreme Court of Georgia
Complaint. Before Judge Spence. Calhoun superior court. December 5, 1906. This case arose upon the issues made by a petition filed by Simpson & Harper, plaintiffs, against Sanders & Jenkins, as a partnership and as individuals, defendants, and demurrers filed by said ■defendants.
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Complaint. Before Judge Spence. Calhoun superior court. December 5, 1906. This case arose upon the issues made by a petition filed by Simpson & Harper, plaintiffs, against Sanders & Jenkins, as a partnership and as individuals, defendants, and demurrers filed by said ■defendants. The petition contains two counts, the first of which •alleges, in substance, the following facts: Petitioners aré wholesale ■dealers in shingles and lumber, and defendants are manufacturers ■of shingles. On February 23, 1905, the defendants executed and ■delivered to petitioners the following instrument: “This…
1Opinion of the CourtBeck, J.
(After stating the facts.) 1. Considered as a contract of purchase and sale, the instrument set forth in the statement of facts, and signed by the defendants in error, was unilateral and wanting in mutuality. By the terms of that instrument the defendants agreed to sell to the plaintiffs the entire shingle output, with certain specified exceptions, of their mills located at a designated point. The instrument, as we have seen, was signed only by the defendants. Under its terms no promise was made nor ob*268ligation entered into by the plaintiffs. If the plaintiffs had not ■seen fit to give an…
2Cases cited17 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Black v. MaddoxSupreme Court of Georgia · 1898
- Weaver v. BurrWest Virginia Supreme Court · 1888
- Morrow v. Southern Express Co.Supreme Court of Georgia · 1897
- Coleman v. ApplegarthCourt of Appeals of Maryland · 1887
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3Cited by43 opinions
- McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Goble v. Louisville & Nashville RailroadSupreme Court of Georgia · 1938
- West v. DownerSupreme Court of Georgia · 1962
- Buick Motor Co. v. ThompsonSupreme Court of Georgia · 1912
38 more not listed; retrieve them via the Exa API.