Brenard Manufacturing Co. v. Kingston Supply Co.
Court of Appeals of Georgia
Appeal; from Bartow superior court—Judge Tarver. September 8, 1917. The defendant entered into a contract for the purchase of a piano and certain other personal property from the plaintiff, and executed six purehase-mouey notes, for,$75 each, maturing monthly, the first of which was payable two months after date. The material portions of the contract are as follows: “Kingston, State of Georgia, February 3, 1915. “To Brenard Manufacturing Co., Iowa City, Iowa.
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Appeal; from Bartow superior court—Judge Tarver. September 8, 1917. The defendant entered into a contract for the purchase of a piano and certain other personal property from the plaintiff, and executed six purehase-mouey notes, for,$75 each, maturing monthly, the first of which was payable two months after date. The material portions of the contract are as follows: “Kingston, State of Georgia, February 3, 1915. “To Brenard Manufacturing Co., Iowa City, Iowa. “Gentlemen: On your approval of this order, deliver to me at your earliest convenience, f. o. b. factory or distributing point, the…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Counsel for the defendant do not dispute the proposition that if, when the defendant bound itself to “promptly meet all obligations entered into under this agreement,” it thereby imposed upon itself one of several .conditions essential to the validity of the plaintiff’s bond, an actual breach of the defendant’s duty relative to the notes *283would void the obligation of the bond. We think it is undoubtedly true that if the quoted provision óf the contract must thus be construed as conditional at all, it necessarily follows that its breach would be sufficient…
2Cases cited1 opinion
- Equitable Manufacturing Co. v. DavisSupreme Court of Georgia · 1908
3Cited by6 opinions
- Reliance Realty Co. v. MitchellCourt of Appeals of Georgia · 1930
- Archibald Hardware Co. v. GiffordCourt of Appeals of Georgia · 1932
- Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942
- Kent v. First National BankCourt of Appeals of Georgia · 1938
- Schneider Marble Co. v. KnightCourt of Appeals of Georgia · 1928
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