Arnall-Couch-Powers Co. v. Natl. Discount Co.
Court of Appeals of Georgia
Complaint; from city court of Newnan — Judge Post. August 15, 1911.
1Opinion of the CourtRussell, J.
It appearing that the contract which was the basis of this suit was an entire contract, it devolved upon the defendant either to accept the contract as a whole or to rescind it as a whole. The defendant could not affirm the contract by accepting a part of the goods purchased, and rescind it in part by rejecting another portion. For this reason, the verdict in favor of the plaintiff was demanded by the evidence. Judgment affirmed,,-'.
2Cited by2 opinions
- Whitaker v. PadenCourt of Appeals of Georgia · 1948
- Cohen v. ArensonCourt of Appeals of Georgia · 1923