Legal Opinion
Fleischer Knitting Mills Inc. v. Greenberg
Court of Appeals of Georgia
Decided November 18, 1936No. 25657PublishedCited by 1 opinion
1Opinion of the CourtJenkins, P. J.
The plaintiff sued on open account for the purchase-price of two hundred and forty children’s dresses, based on a single order signed by the purchaser, and providing: “No returns accepted, unless merchandise is imperfect and we are previously notified to that effect.” Without pleading that the contract was severable, the answer set up that there was a partial failure of consideration as to the garments, in that they were defective, not merchantable, and had to be taken back from customers, to the extent of the difference between the $375.76 sued for and $118.52, which they tendered to…
2Cases cited11 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Tuggle v. Green & SonsSupreme Court of Georgia · 1920
- Willett Seed Co. v. Kirkeby-Gundestrup Seed Co.Supreme Court of Georgia · 1916
- Union Brokerage Co. v. Beall Bros.Court of Appeals of Georgia · 1923
- Cobb Lumber Co. v. Sunny South Grain Co.Court of Appeals of Georgia · 1926
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3Cited by1 opinion
- Fleischer Knitting Mills Inc. v. Union Dry Goods StoreCourt of Appeals of Georgia · 1938