McCommons v. Williams
Supreme Court of Georgia
Action for breach of contract. Before Judge Lewis. Greene superior court. September 6, 1907. R. L. McCommons and others brought suit' against J. B. Williams.
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Action for breach of contract. Before Judge Lewis. Greene superior court. September 6, 1907. R. L. McCommons and others brought suit' against J. B. Williams. They alleged, that they had purchased a stock of goods from the defendant under a written contract; that the contract contained no provision whereby the defendant might sell merchandise from its date (November 16, 1906) to January 1, 1907, when it was provided that he should begin to take stock for the purpose of the sale; that they gave him parol permission to continue-to sell the stock at retail in the usual course of business between…
1Opinion of the Court
Fish, C. J.,
1, 2. There are many points of controversy, but the case revolves about one central question: Could the defendant prove that it was agreed between the parties that he could continue to sell goods in the stock until January, 1907, the written agreement being in November, 1906, or was the written contract so complete and unambiguous on its face as to preclude proof of a parol agreement on the subject? We think that it was competent to make such defense. The defendant was conducting a mercantile business of quite large proportions in a town, having stock -estimated at from $50,000 to…
2Cases cited2 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Nugent v. WatkinsSupreme Court of Georgia · 1907
3Cited by8 opinions
- Frank v. StateSupreme Court of Georgia · 1914
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Bates v. StateCourt of Appeals of Georgia · 1916
- National Manufacture & Stores Corp. v. DekleCourt of Appeals of Georgia · 1934
- Stallins v. Southern Railway Co.Supreme Court of Georgia · 1913
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