Stewart & Co. v. Stephens
Court of Appeals of Georgia
Complaint; from city court of Savannah — -Judge Freeman. August 25, 1909. Stephens sued Stewart & Co. for a balance of salary alleged to be due under contract, and recovered a verdict for $276.45 and interest. The defendants’ motion for a new trial was overruled, and they excepted. The following is a condensed statement of the evidence: Stewart & Co. were cotton merchants at Savannah, Georgia, and were also interested in a cotton compress located at Vidalia, Georgia.
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Complaint; from city court of Savannah — -Judge Freeman. August 25, 1909. Stephens sued Stewart & Co. for a balance of salary alleged to be due under contract, and recovered a verdict for $276.45 and interest. The defendants’ motion for a new trial was overruled, and they excepted. The following is a condensed statement of the evidence: Stewart & Co. were cotton merchants at Savannah, Georgia, and were also interested in a cotton compress located at Vidalia, Georgia. They employed Stephens to buy cotton, for them in the country. The contract of employment is evidenced by the following…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
While many questions are made in the voluminous motion for a new trial, and argued by counsel for the plaintiffs in error, yet we think there are only two which need to be considered and decided: *457First, did Stephens break his contract? Second, did the facts show an accord and satisfaction? If either result is shown by the facts, Stephens could not recover, and the verdict in his favor should be set aside. We do not think that under the evidence it can be fairly or reasonably contended that Stephens breached his contract. By the terms of the contract he was…
2Cases cited6 opinions
- Bass Dry Goods Co. v. Roberts Coal Co.Court of Appeals of Georgia · 1908
- Finlay v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1898
- Baldwin v. MarquezeSupreme Court of Georgia · 1893
- Price Co. v. City of AtlantaSupreme Court of Georgia · 1898
- Cousar Mercantile Co. v. Southern Ry.Supreme Court of South Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ryan v. Progressive Retailer Publishing Co.Court of Appeals of Georgia · 1915
- Farmers State Bank v. SingletaryCourt of Appeals of Georgia · 1918