City of Conyers v. Kirk & Co.
Supreme Court of Georgia
Municipal Corporations. Principal and Agent. Contracts. Debtor and Creditor. Constitutional Law. Evidence. Jury and Jurors. Verdict. Before Judge Boynton. Rockdale Superior Court. August Term, 1886. Thomas Kirk & Co. brought suit against the City of Conyers on an open account for certain lamps and gasolene. The defendant pleaded the general issue; that it made no contract, and that the goods were bought upon certain representations to which they did not come up.
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Municipal Corporations. Principal and Agent. Contracts. Debtor and Creditor. Constitutional Law. Evidence. Jury and Jurors. Verdict. Before Judge Boynton. Rockdale Superior Court. August Term, 1886. Thomas Kirk & Co. brought suit against the City of Conyers on an open account for certain lamps and gasolene. The defendant pleaded the general issue; that it made no contract, and that the goods were bought upon certain representations to which they did not come up. On the trial, the evidence for the plaintiffs showed, in brief, as follows: Their agent went to see the mayor of Conyers, who…
1Opinion of the Court
Bleckley, Chief Justice.
This is a light case. The city of Conyers was lighted with kerosene. It had a street committee, consisting of two members, who arranged with Kirk & Co. to supply lamps to consume gasolene instead of kerosene; and also a barrel of gasolene to be used in the lamps. There were six lamps, costing eight dollars each; and the gasolene cost something less than ten dollars; the whole bill amounted to about $57 or $58. These lamps were put up; the marshal took charge of them and kept them lighted. They *483were used for a month, and until the supply of gasolene was exhausted.…
2Cases cited3 opinions
- Clark v. CassidySupreme Court of Georgia · 1879
- Schnell v. ToomerSupreme Court of Georgia · 1876
- Mayor of Rome v. McWilliamsSupreme Court of Georgia · 1881
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- City Council v. Dawson Waterworks Co.Supreme Court of Georgia · 1899
- Young Men's Christian Assn. v. BaileyCourt of Appeals of Georgia · 1965
- DeKalb County v. Georgia Paperstock Co.Supreme Court of Georgia · 1970
- Mitchell v. GayCourt of Appeals of Georgia · 1965
- Mitchell v. GayCourt of Appeals of Georgia · 1965
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