Legal Opinion

Electric Railway Co. v. Tennessee Coal, Iron & Railway Co.

Supreme Court of Georgia

Decided March 16, 1896PublishedCited by 10 opinions

Complaint on account. Before Judge MacDonell. City court of Savannah. May term, 1895.

1Opinion of the Court

Atkinson, Justice.

The plaintiff sued the defendant for a balance due upon the purchase price of certain coal alleg’ed to have been delivered by the former to the latter. To this action the defendant pleaded, admitting the correctness of the plaintiff’s demand, and its liability in the first instance for the sum claimed. Further, it pleaded in substance, by way of recoupment, that it was engaged in running an electric railway; that in the generation of steam it was necessary for it to-have considerable quantities of coal; that under the contract previously made, and under which the coal sued…

2Cases cited2 opinions

  1. Van Winkle & Co. v. WilkinsSupreme Court of Georgia · 1888
  2. Walker v. DenisonIllinois Supreme Court · 1877

3Cited by10 opinions

  1. Bearden Mercantile Co. v. Madison Oil Co.Supreme Court of Georgia · 1907
  2. Lederle v. City of AtlantaSupreme Court of Georgia · 1927
  3. Waycross Air-Line Railroad v. Offerman & Western RailroadSupreme Court of Georgia · 1902
  4. Fairmont Creamery Co. v. CollierCourt of Appeals of Georgia · 1917
  5. Pittsburgh Plate Glass Co. v. JarrettDistrict Court, M.D. Georgia · 1942

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