Atlanta Oil & Fertilizer Co. v. Phosphate Mining Co.
Court of Appeals of Georgia
Action on contract; from Fulton superior court — Judge Pen'dleton. July 1, 1919. By a written contract made in 1906 between the Phosphate Mining Company and the Atlanta Oil & Fertilizer Company, the Phosphate Company agreed to sell and the Oil Company to buy certain phosphate rock to be delivered at the mines of the Phos.phate Company in Florida at a stated price and in specified amounts through a series of years ending in 1916. On October 15, 1912, the Phosphate Company…
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Action on contract; from Fulton superior court — Judge Pen'dleton. July 1, 1919. By a written contract made in 1906 between the Phosphate Mining Company and the Atlanta Oil & Fertilizer Company, the Phosphate Company agreed to sell and the Oil Company to buy certain phosphate rock to be delivered at the mines of the Phos.phate Company in Florida at a stated price and in specified amounts through a series of years ending in 1916. On October 15, 1912, the Phosphate Company brought an action against the Oil Company for an alleged breach of the contract. In the second count of the petition (the…
1Opinion of the CourtBloodworth, J.
1. The motion to award damages against the plaintiff in error is refused.
2. In prior decisions relating to the contract involved in this case (144 Ga. 75; 20 Ga. App. 660; 23 Ga. App. 338) practically all the law of the case is settled, and under them two questions w'ere for submission to the jury in the last trial,—'One the “rule of avoidable consequences,” the other “whether the seller had in fact consented to the transfer of the contract.” Both questions were clearly and correctly submitted to the jury, and when all the facts and the entire charge as given are considered, no reversible…
2Cases cited3 opinions
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Atlanta Oil & Fertilizer Co. v. Phosphate Mining Co.Supreme Court of Georgia · 1915
- Atlanta Oil & Fertilizer Co. v. Phosphate Mining Co.Court of Appeals of Georgia · 1919
3Cited by1 opinion
- Cowart v. SmithCourt of Appeals of Georgia · 1948