Dozier v. Davison & Fargo
Supreme Court of Georgia
Action for breach, of contract-. Before Judge Hammond. Columbia superior court. June 15, 1911.° Davison & Fargo brought suit against W. P. Dozier for the alleged breach of the following contract entered into between them (formal parts omitted) ; “ (1) That the said party of the second part [plaintiffs] acting under the instructions of the party of the first part [defendant], has made a contract in behalf of said party of the first part for the sale of fifty thousand pounds…
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Action for breach, of contract-. Before Judge Hammond. Columbia superior court. June 15, 1911.° Davison & Fargo brought suit against W. P. Dozier for the alleged breach of the following contract entered into between them (formal parts omitted) ; “ (1) That the said party of the second part [plaintiffs] acting under the instructions of the party of the first part [defendant], has made a contract in behalf of said party of the first part for the sale of fifty thousand pounds of lint-cotton, in merchantable bales, upon the terms and conditions hereinafter set out; and that said party of the…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The petition in this case sets forth a cause for action, and the demurrer was properly overruled. We do not think the contract sued upon is open to the objection urged, that it is unilateral and not binding on Davison & Fargo. .As between Davison & Fargo and Dozier, the latter could waive the fact that his agents did not sell his cotton alone. Davison & Fargo had sold to Heineken & Vogelsang 728 bales of cotton, and through his agents, Davison & Fargo, upon a consideration of one dollar per bale, the work done, and the obligations assumed by the agents,…
2Cases cited3 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Hawkins v. StuddardSupreme Court of Georgia · 1909
- Burton v. Meinert & MillerSupreme Court of Georgia · 1911
3Cited by6 opinions
- Early v. KentSupreme Court of Georgia · 1959
- Cooper v. Dixie Cotton Co.Supreme Court of Georgia · 1915
- Rich v. Rawleigh Co.Court of Appeals of Georgia · 1933
- James E. Mitchell Co. v. Hartsell Mills Co.Supreme Court of Pennsylvania · 1923
- Owensby v. ByrdCourt of Appeals of Georgia · 1947
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