Legal Opinion

Small v. Robertson

Court of Appeals of Georgia

Decided February 1, 1922No. 12557PublishedCited by 3 opinions

Action on contract; from Bibb superior court — Judge Malcolm D. Jones. May 14, 1921.

1Opinion of the Court

Jenkins, R. J.

The parties to this case made a contract,- whereby the plaintiff sold to the defendants, at a stipulated price per bushel, his entire peach crop grown in 1920 on described premises, upon the limited express warranty that the peaches should be in sound condition, free from rot. The first portion of the crop was delivered, accepted, and partly paid for by defendants; but the remainder after an examination by the defendants of the fruit in the orchard was rejected and payment refused because of the alleged existence of rot. plaintiff thereupon sued in three counts: (1) for the…

2Cases cited3 opinions

  1. Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
  2. Dixon v. StateCourt of Appeals of Georgia · 1920
  3. Thompson v. Cordele Motor-Car Co.Court of Appeals of Georgia · 1921

3Cited by3 opinions

  1. Ebner v. Haverty Furniture Co.Supreme Court of South Carolina · 1924
  2. Georgia Wool Stock Co. v. Transatlantic Clock & Watch Co.Court of Appeals of Georgia · 1925
  3. Arlington Peanut Co. v. DozierCourt of Appeals of Georgia · 1931

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