Minter v. Malsby Machinery Co.
Court of Appeals of Georgia
Complaint; from'city court of Blakely — Judge Sheffield. February 20, 1915. The Malsby Machinery Company sued Minter for a balance of $74.67 principal, besides interest and attorney’s fees, on each of two promissory notes, which recited that they were given for certain machinery described and 400 feet of chain.
Read the full summary
Complaint; from'city court of Blakely — Judge Sheffield. February 20, 1915. The Malsby Machinery Company sued Minter for a balance of $74.67 principal, besides interest and attorney’s fees, on each of two promissory notes, which recited that they were given for certain machinery described and 400 feet of chain. The defendant in his answer denied the alleged indebtedness, and denied the allegation as to notice of intention to sue for attorney’s fees, and further pleaded as follows: Defendant “shows to the court that the plaintiffs sold him 400 feet of chain to be used for the purpose of taking…
1Opinion of the CourtWade, J.
The court did not err in sustaining the demurrer to the plea, so far as the plea sought to set up a breach of contract on the part of the plaintiff. Baxley Tie Company v. Simpson, 1 Ga. App. 670 (57 S. E. 1090); Stimpson Computing Scale Co. v. Taylor, 4 Ga. App. 567 (61 S. E. 1131) ; City of Moultrie v. Schofield’s Sons Co., 6 Ga. App. 464 (4, 5), 469 (65 S. E. 315); Case Threshing Machine Co. v. Cook, 7 Ga. App. 631 (3), 636 (67 S. E. 890); Beasley v. Huyett & Smith Mfg. Co., 92 Ga. 273 (18 S. E. 420); International Harvester Co. v. Dillon, 126 Ga. 672 (55 S. E. 1034). Nor was there, under…
2Cases cited6 opinions
- City of Moultrie v. Schofield's Sons Co.Court of Appeals of Georgia · 1909
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
- Beasley, Hallett & Co. v. Huyett & Smith Mfg. Co.Supreme Court of Georgia · 1893
- Case Threshing Machine Co. v. CookCourt of Appeals of Georgia · 1910
- Stimpson Computing Scale Co. v. TaylorCourt of Appeals of Georgia · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
- Babb v. KershCourt of Appeals of Georgia · 1955