Fontaine v. Baxley, Boles & Co.
Supreme Court of Georgia
Contract.' Damage. Set-off. Recoupment. Pleading and practice. Before Judge Willis. City court of Columbus. Baxley, Boles & Co. sued Fontaine for a balance claimed to be due on an account for cross-ties, including a charge of $232.50 for storage on ties in Brunswick.
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Contract.' Damage. Set-off. Recoupment. Pleading and practice. Before Judge Willis. City court of Columbus. Baxley, Boles & Co. sued Fontaine for a balance claimed to be due on an account for cross-ties, including a charge of $232.50 for storage on ties in Brunswick. The defendant’s first plea, besides that of the general issue, sets up that in so far as the ties were delivered they were delivered in pursuance of a special contract between the plaintiffs and himself, whereby the plaintiffs agreed to furnish him, delivered free on board ship at Brunswick, 50,000 ties of a certain description,…
1Opinion of the Court
Bleckley, Chief Justice.
The facts are stated in the official report.
1. One of the objections urged to the tliird plea was the want of mutuality in the contract which that plea sets up and alleges. Grant that this objection would have been good if any question as to its binding force had arisen upon the contract before either party had partly performed it, yet after Fontaine had in pursuance of the agreement gone to New York and opened there the contemplated business, he had performed so far that it would be a fraud in the other party to repudiate the contract. This would satisfy the…
2Cited by53 opinions
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