Gude & Walker v. Bailey Co.
Court of Appeals of Georgia
Complaint, from city court of Atlanta — Judge Eeid. May 31, 1907. The plaintiff in the court below, the EL J. Bailey Company, contracted to deliver to the defendants, (Jude & Walker, certain lumber. The contract was largely made by correspondence, the material portion of which is as follows: On June 7, 1905, the defendants wrote to the plaintiff a letter of inquiry, saying, “We would like your price on the enclosed approximate bill of yellow pine lumber f. o. b. Atlanta.
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Complaint, from city court of Atlanta — Judge Eeid. May 31, 1907. The plaintiff in the court below, the EL J. Bailey Company, contracted to deliver to the defendants, (Jude & Walker, certain lumber. The contract was largely made by correspondence, the material portion of which is as follows: On June 7, 1905, the defendants wrote to the plaintiff a letter of inquiry, saying, “We would like your price on the enclosed approximate bill of yellow pine lumber f. o. b. Atlanta. Please advise us how promptly you could deliver same. A prompt reply will oblige.” »On June 10 the plaintiff acknowledged…
1Opinion of the CourtHill, C. J.
When parties enter into a contract for the sale of personal property and name therein a time at which delivery is to take place, the question as to whether or not the time named is a material.part of the contract is a question to be decided in each case by a construction of the language used, in the light of the other relevant circumstances. Sneed v. Wiggins, 3 Ga. 94, 102; Civil Code, §3675 (8). As to the respective functions of the judge and the jury in such eases, see Civil Code, §§3672 et seq. The cardinal rule of interpretation is whether or not the parties *229intended that time should he…
2Cases cited20 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Underwood v. WolfIllinois Supreme Court · 1890
- Dermott v. JonesSupreme Court of the United States · 1860
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Augusta Factory v. Mente & Co.Supreme Court of Georgia · 1909
- Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
- Caddick Milling Co. v. Moultrie Grocery Co.Court of Appeals of Georgia · 1918
- Palmer, Phinizy & Connell v. HeinzerlingCourt of Appeals of Georgia · 1925
- Georgia Creosoting Co. v. McIntosh Land & Timber Co.Court of Appeals of Georgia · 1919
6 more not listed; retrieve them via the Exa API.