Legal Opinion

Bush v. American Mills Co.

Court of Appeals of Georgia

Decided March 7, 1922No. 13092PublishedCited by 2 opinions

Complaint; from Morgan superior court — Judge Munro. November 5, 1921. The action was for the price of goods which it was alleged the defendant ordered but afterwards refused to permit the plaintiff to ship. The ground' of demurrer specifically relied on in the demurrant’s brief in this court was that compliance with the statute of frauds was not shown by the petition, and that no fact was alleged that would take the case out of the statute.

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Complaint; from Morgan superior court — Judge Munro. November 5, 1921. The action was for the price of goods which it was alleged the defendant ordered but afterwards refused to permit the plaintiff to ship. The ground' of demurrer specifically relied on in the demurrant’s brief in this court was that compliance with the statute of frauds was not shown by the petition, and that no fact was alleged that would take the case out of the statute. From the petition it appears that the alleged orders were written in duplicate forms signed only by initials of the plaintiff’s “ representative,” who it…

1Opinion of the CourtBroyles, C. J.

The 'petition as amended was not subject to any of the demurrers, general or special, interposed, and the court did not err in overruling the demurrers.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

2Cited by2 opinions

  1. Silver v. Crescent Hat Co.Court of Appeals of Georgia · 1939
  2. Silver v. Crescent Hat Co.Court of Appeals of Georgia · 1939

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