Legal Opinion
Georgia Creosoting Co. v. McIntosh Land & Timber Co.
Court of Appeals of Georgia
Decided April 16, 1919No. 9981PublishedCited by 6 opinions
Complaint; from Glynn superior court—Judge Highsmith. June 1, 1918.
1Opinion of the CourtJenkins, J.
1. If a seller of goods fails to deliver theta in the time specified in the contract of sale, and the purchaser thereafter urges delivery, and as an inducement therefor impliedly offers to waive his claim for damages on account of the delay in the performance of the contract, subsequent compliance by the seller with his acceptance of the terms of the proposal, within the time specified therein, or, if no time is specified therein, then within a reasonable time, by tendering the property called for by the contract, will ftirnish a valid consideration for the proposal, and operate to render it…
2Cases cited4 opinions
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
- Gude & Walker v. Bailey Co.Court of Appeals of Georgia · 1908
- Wiggin v. Marsh Lumber Co.West Virginia Supreme Court · 1915
- Central Georgia Brick Co. v. Carolina Portland Cement Co.Supreme Court of Georgia · 1911
3Cited by6 opinions
- Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
- Fratelli Gardino, S.P.A. v. Caribbean Lumber Co., Inc.Court of Appeals for the Fifth Circuit · 1979
- Fratelli Gardino, SpA v. CARIBBEAN LBR. CO., INC.District Court, S.D. Georgia · 1978
- Columbia Smelting & Refining Works v. Dexter & WrightCourt of Appeals of Georgia · 1924
- Neely v. Willard Bag & Manufacturing Co.Court of Appeals of Georgia · 1919
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