Wilkins v. Van Winkle & Co.
Supreme Court of Georgia
Practice in Superior Court. Arbitration and Award. Practice in Supreme Court. Before Judge Roney. Burke Superior Court. October Adjourned Term, 1886. On July 27, 1885, E. Van Winkle & Company entered into a contract with Wilkins et al. to furnish, deliver and put in first-class running order, all completed, by the 25th of October thereafter, in the buildings of Wilkins et al., in Waynesboro, the machinery therein described, for a cotton-seed oil mill, it being understood…
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Practice in Superior Court. Arbitration and Award. Practice in Supreme Court. Before Judge Roney. Burke Superior Court. October Adjourned Term, 1886. On July 27, 1885, E. Van Winkle & Company entered into a contract with Wilkins et al. to furnish, deliver and put in first-class running order, all completed, by the 25th of October thereafter, in the buildings of Wilkins et al., in Waynesboro, the machinery therein described, for a cotton-seed oil mill, it being understood that everything was to be furnished that was needed in a first-class cotton-seed oil mill of the average capacity of 25 to…
1Opinion of the Court
Bleckley, Chief Justice.
Van Winkle & Co. entered into a contract with Wilkins and others to construct the machinery for a cotton-seed oil mill of a given capacity, and to have it finished by a specified time. They constructed the machinery, but did not complete it within the time stipulated. It was received and operated, but failed for a short period to work up to the agreed capacity. Wilkins and his associates claimed damages for this failure, both in respect to the delay, and in respect to the deficient capacity. The parties entered into a written submission, by which they referred the…
2Cited by6 opinions
- Jackson v. RoaneSupreme Court of Georgia · 1893
- Holt v. WilliamsMissouri Court of Appeals · 1922
- Orme v. BurneySupreme Court of Georgia · 1895
- Sisson v. PittmanSupreme Court of Georgia · 1901
- Southern Live Stock Insurance v. BenjaminSupreme Court of Georgia · 1901
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