Robert Falkner & Co. v. Lane
Supreme Court of Georgia
Sales. Warranty. New Trial. Before Judge Hill. Bibb Superior Court. April Term, 1876. Lane brought complaint against Falkner & Company, on an itemized account, aggregating $445.00. The defendant pleaded as follows: 1. The general issue. 2. That the contract of purchase was made in New York in the year 1874; that the plaintiff agreed to sell the goods at the then wholesale prices in New York and in the leading markets of America; that the plaintiff, in violation of this…
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Sales. Warranty. New Trial. Before Judge Hill. Bibb Superior Court. April Term, 1876. Lane brought complaint against Falkner & Company, on an itemized account, aggregating $445.00. The defendant pleaded as follows: 1. The general issue. 2. That the contract of purchase was made in New York in the year 1874; that the plaintiff agreed to sell the goods at the then wholesale prices in New York and in the leading markets of America; that the plaintiff, in violation of this contract, charged the defendant, in excess of such prices, the sum of $303.IT. 3. That it was a part of said contract that…
1Opinion of the Court
Bleckley, Judge.
1. A merchant of Macon, being in New York and there purchasing goods for re-sale in his trade at Macon, buying the same by sample at precise and definite prices, no fraud of any kind being practiced by the seller, the seller saying, however, that he would sell the goods as cheap as they could be sold in New York, and cheap enough to enable the buyer to compete successfully with other dealers in Macon and *118make a profit, the transaction is not one in which the seller warranted his prices or left them to be modified by subsequent discoveries or events. If the goods when received…
2Cases cited1 opinion
- Castleberry v. ScandrettSupreme Court of Georgia · 1856
3Cited by6 opinions
- Lawton v. ByckSupreme Court of Georgia · 1962
- Arthur v. BrawnerSupreme Court of Georgia · 1932
- Morrison v. Colquitt CountySupreme Court of Georgia · 1932
- Baldwin v. DanielSupreme Court of Georgia · 1883
- Hayslip v. FieldsSupreme Court of Georgia · 1914
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