Wappoo Mills v. Commercial Guano Co.
Supreme Court of Georgia
Before Judge Harden. City court of Savannah,. November term, 1891. Wappoo Mills sued the Commercial Guano Company on an account for 80 tons of acid phosphate at $10.25 per ton, shipped to Troy Fertilizer Company, Troy, Alabama, February 18, 1890. The defendant pleaded not indebted and set-off, and a verdict in its favor was rendered on the latter plea. The plaintiff’s motion for a new trial was overruled, and it excepted.
Read the full summary
Before Judge Harden. City court of Savannah,. November term, 1891. Wappoo Mills sued the Commercial Guano Company on an account for 80 tons of acid phosphate at $10.25 per ton, shipped to Troy Fertilizer Company, Troy, Alabama, February 18, 1890. The defendant pleaded not indebted and set-off, and a verdict in its favor was rendered on the latter plea. The plaintiff’s motion for a new trial was overruled, and it excepted. The grounds of the motion will appear from the opinion. The plea of set-off' alleges the following: At the time of bringing suit plaintiff' Avas,. and still is, indebted to…
1Opinion of the Court
Bleckley, Chief Justice.
1. We feel constrained to reverse the judgment for error in that part of the charge of the court to the jury which instructed thus: “You have the right to include-what it may have been compelled to pay out, or what it may have lost in the way of profit, if it be shown to-you in figures what such payment or loss is.” The pronoun “it” as first used and then repeated in this quotation refers to the Commercial Guano Company, the defendant in the court below, and the profit mentioned as-recoverable has reference not merely to any difference between the contract price and a…
2Cited by14 opinions
- Huggins v. Southeastern Lime & Cement Co.Supreme Court of Georgia · 1904
- Twin City Lumber Co. v. DanielsCourt of Appeals of Georgia · 1918
- Truitt v. Rust & Shelburne Sales Co.Court of Appeals of Georgia · 1920
- Sanders, Swann & Co. v. AllenSupreme Court of Georgia · 1906
- Goodin v. Southern Railway Co.Supreme Court of Georgia · 1906
9 more not listed; retrieve them via the Exa API.