Daniel v. Reeves
Supreme Court of Georgia
Action for breach of contract. Before Judge Daniel. Upson superior court. November term, 1911. P. G. Daniel instituted an action for damages against T. J. Beeves. The petition as amended declared upon the following written instrument: “Jany. 19, 1909. I hereby agree to sell to P. G. Daniel 50 bales of cotton delivered at Thomaston between the first and 30th days of October next. The delivery is to be made at such time at seller’s option in lots of not less than fifty bales.
Read the full summary
Action for breach of contract. Before Judge Daniel. Upson superior court. November term, 1911. P. G. Daniel instituted an action for damages against T. J. Beeves. The petition as amended declared upon the following written instrument: “Jany. 19, 1909. I hereby agree to sell to P. G. Daniel 50 bales of cotton delivered at Thomaston between the first and 30th days of October next. The delivery is to be made at such time at seller’s option in lots of not less than fifty bales. Cotton to' average 500 pounds per bale. If cotton does not average 50Q pounds per bale I willt deliver a sufficient…
1Opinion of the CourtAtkinson, J.
In view of the allegations of the petition relative to the attendant circumstances when the contract was made, and the recitals of the contract in regard to actual delivery of the cotton, the petition was not subject to demurrer on the ground that it showed on its face that the contract was void as a gambling contract. Forsyth Mfg. Co. v. Castlen, 112 Ga. 199 (37 S. E. 485, 81 Am. St. R. 28); Kilpatrick v. Richter, ante, 643 (77 S. E. 1065).
Judgment reversed.
All the Justices concur. “Jany. 19, 1909. I hereby agree to sell to P. G. Daniel 50 bales of cotton delivered at Thomaston between the…
2Cases cited2 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Kilpatrick v. RichterSupreme Court of Georgia · 1913
3Cited by5 opinions
- Robson & Evans v. WeilSupreme Court of Georgia · 1914
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Reeves v. DanielSupreme Court of Georgia · 1915
- Glover v. KillingsworthCourt of Appeals of Georgia · 1933
- McNeil v. LewisCourt of Appeals of Georgia · 1923