Grier v. Enterprise Stone Co.
Supreme Court of Georgia
Complaint. Before Judge Burch. City court of Dublin. May 13, 1905. The Enterprise Stone Company sued Clark Grier on account for the price of certain artificial stone and slabs which the plaintiff sold and delivered to him.
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Complaint. Before Judge Burch. City court of Dublin. May 13, 1905. The Enterprise Stone Company sued Clark Grier on account for the price of certain artificial stone and slabs which the plaintiff sold and delivered to him. The defendant pleaded that he. purchased the material to be used in a front wall of a building about to be erected by him; that the plaintiff at the time of the purchase expressly warranted the material to be fit, proper, and reasonably suited for use in such wall; that it was so used, and proved not to be reasonably suited for such purpose, was totally worthless for the…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) Defendant had paid nothing for the material for the purchase-price of which the action was brought. The issue made by the plea and the evidence seems to have been whether such material was totally worthless. If under the evidence it was not entirely worthless, there was no evidence tending to show how much less than the purchase-price it was worth, and therefore nothing upon which the jury could find for the plaintiff less than the full price. Consequently there had to be a verdict for the plaintiff for the amount claimed, or a general verdict for the…
2Cases cited2 opinions
- Otis Bros. v. HolmesSupreme Court of Georgia · 1900
- Hinkle v. BurtSupreme Court of Georgia · 1894