Spence Drug Co. v. American Soda Fountain Co.
Court of Appeals of Georgia
Trover; from city court of Camilla — Judge Dasher. August 13, 1911. The American Soda Fountain Company brought trover against the Spence Drug Company of Camilla, Georgia, to recover a certain “Innovation Soda Water Apparatus,” and on the trial elected to take a verdict for the proved value of the apparatus, and a verdict was accordingly directed in its favor. The defendant’s motion for a new trial was overruled.
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Trover; from city court of Camilla — Judge Dasher. August 13, 1911. The American Soda Fountain Company brought trover against the Spence Drug Company of Camilla, Georgia, to recover a certain “Innovation Soda Water Apparatus,” and on the trial elected to take a verdict for the proved value of the apparatus, and a verdict was accordingly directed in its favor. The defendant’s motion for a new trial was overruled. Besides the general grounds, the-motion contains specific assignments of error as to the direction of the vérdict, and as to the admission and rejection of testimony. The defense…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) 1, The Spence Drug Company, in the first place, insisted that there was no completed contract; that the original order was a mere offer to contract, and that this offer had not been accepted as made, in that the American Soda Fountain Company had not accepted it with the words “all setting up expenses” stricken out, and, therefore, that the Spence Drug Company had the right to countermand the order before delivery -of the' soda-fountain apparatus.
Under the evidence, we think the contract was completed. The copy of the order, attached to the letter, was…
2Cases cited1 opinion
- Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
3Cited by9 opinions
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- Coffee v. Worsham & WeaverCourt of Appeals of Georgia · 1923
- Ray v. CruceCourt of Appeals of Georgia · 1918
- Hunnicutt Co. v. KaneCourt of Appeals of Georgia · 1918
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