Borum v. Swift & Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Crisp. City court of Americus. March 6, 1905. This was an action by D. M. Borum against Swift & Company, for the breach of an alleged contract for the sale and delivery of ■meat.
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Action for breach of contract. Before Judge Crisp. City court of Americus. March 6, 1905. This was an action by D. M. Borum against Swift & Company, for the breach of an alleged contract for the sale and delivery of ■meat. The petition made the following allegations: On December 27, 1902, Swift & Company sent a telegram to Borum which was as follows: “Sorry can not confirm sale one hundred fifty thousand pounds ribs eight seven-eighths e. a. f. best can do 8.95 c. a. f., January delivery ten points covering charge one half cent margin after January immediate acceptance wire.” Bo'rum…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The agreement for the breach of which the suit was brought was for the sale of merchandise of the value of more than fifty dollars; and, under the statute of frauds, to be enforceable, it had to be in writing. Civil Code, §2693(7). As no provision is made for oral evidence as to part of the terms omitted from the writing, it must, in general, set forth with sufficient certainty the essentials of the agreement. ‘ Of .course a subject-matter is one of the essentials to a valid contract, and it is necessary that it be set forth with such certainty that it can be…
2Cases cited4 opinions
- North & Co. v. Mendel & BrotherSupreme Court of Georgia · 1884
- Douglass v. BunnSupreme Court of Georgia · 1900
- Smith v. JonesSupreme Court of Georgia · 1881
- Stewart & Son v. CookSupreme Court of Georgia · 1903
3Cited by13 opinions
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- Massell Realty Co. v. HanburySupreme Court of Georgia · 1927
- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Companhia De Navegacao Lloyd Brasileiro v. C. G. Blake Co.Court of Appeals for the Second Circuit · 1929
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