Arthur v. Georgia Cotton Co.
Court of Appeals of Georgia
Action for-breach, of contract; from city court of Albany—Judge Clayton Jones. June 24, 1917. The Georgia Cotton Company sued E. E. Arthur, alleging, that he contracted in writing to deliver to it, on or before October 31, 1916, at any -warehouse in Albany, Georgia, 100 bales of cotton of the average weight of 500 pounds, the company .agreeing to pay him 12 cents per pound, basis good middling; and that on October 25, 1916, he notified the plaintiff of his intention not to…
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Action for-breach, of contract; from city court of Albany—Judge Clayton Jones. June 24, 1917. The Georgia Cotton Company sued E. E. Arthur, alleging, that he contracted in writing to deliver to it, on or before October 31, 1916, at any -warehouse in Albany, Georgia, 100 bales of cotton of the average weight of 500 pounds, the company .agreeing to pay him 12 cents per pound, basis good middling; and that on October 25, 1916, he notified the plaintiff of his intention not to comply with the contract, and of his election to rescind .it. The suit was for the difference between the contract price…
1Opinion of the CourtJenkins, J.
1. Where the owner of property engages another to find a purchaser for it and to negotiate terms of sale at a named minimum price or better, and such person, with or without compensation, assumes such duty, and, by virtue of his delegated authority, procures a purchaser for the owner, and the owner consummates a contract of sale with the buyer upon terms which have been arrived at solely by virtue of the previous negotiations thus had, the relation which subsists between the seller and the one acting for him in such previous negotiation of terms is that of principal and agent. The mere fact…
2Cases cited4 opinions
- Forlaw v. Augusta Naval Stores Co.Supreme Court of Georgia · 1905
- Tyler v. SanbornIllinois Supreme Court · 1889
- Williams v. Moore-Gaunt Co.Court of Appeals of Georgia · 1908
- Sessions v. Payne & TyeSupreme Court of Georgia · 1901
3Cited by16 opinions
- Fulton National Bank v. Mrs. Lucille M. Tate, Individually, and as Administratrix of the Estate of Steve C. Tate, DeceasedCourt of Appeals for the Fifth Circuit · 1966
- Smith v. MerckSupreme Court of Georgia · 1950
- Regional Pacesetters, Inc. v. Halpern Enterprises, Inc.Court of Appeals of Georgia · 1983
- Winer v. Flournoy Realty Co.Court of Appeals of Georgia · 1921
- Spratlin, Harrington & Thomas, Inc. v. HawnCourt of Appeals of Georgia · 1967
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