Cason v. Thomas Cheely & Co.
Supreme Court of Georgia
Assumpsit, in Warren Superior Court.- Tried before Judge Sayre, April Term, 1849. Thomas Cheely & Co. brought an action of assumpsit against Adam Cason, on an alleged contract made 23d September, 1846, by which Cheely & Co. bargained and contracted with Cason for the whole of his crop of cotton for the year 1846, for which they agreed to pay at seven cents per pound, and Cason agreed to deliver the cotton at the cotton factory of Cheely & Co. as soon as the same could be…
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Assumpsit, in Warren Superior Court.- Tried before Judge Sayre, April Term, 1849. Thomas Cheely & Co. brought an action of assumpsit against Adam Cason, on an alleged contract made 23d September, 1846, by which Cheely & Co. bargained and contracted with Cason for the whole of his crop of cotton for the year 1846, for which they agreed to pay at seven cents per pound, and Cason agreed to deliver the cotton at the cotton factory of Cheely & Co. as soon as the same could be gathered and prepared for market. The petition alleged a breach of this contract by Cason, in failing and refusing to…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The contract in this case was for the whole of the crop of cotton of the defendant for the year 1846. The plaintiffs below stipulated to pay the defendant seven cents a pound for it, and he agreed to deliver it at their factory as soon as it could be gathered and prepared for market. The contract was entered into in the month of September of that year, and of course after the crop was planted.
The question is, whether it is within the 17th section of the Statute of Frauds, which is in the following words : “No contract for the sale of goods, wares…
2Cases cited3 opinions
- Downs & Skillinger v. RossNew York Supreme Court · 1840
- Sewall v. FitchNew York Supreme Court · 1828
- Eichelberger v. M'CauleyCourt of Appeals of Maryland · 1821
3Cited by21 opinions
- Gainesville Glass Co. v. Don Hammond, Inc.Court of Appeals of Georgia · 1981
- Campbell & Co. v. Mion Bros.Court of Appeals of Georgia · 1909
- Smith v. DavidsonSupreme Court of Georgia · 1944
- Gilbert v. CopelandCourt of Appeals of Georgia · 1918
- Forsyth v. Mann Bros.Supreme Court of Vermont · 1895
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