Capital City Brick Co. v. Atlanta Ice & Coal Co.
Court of Appeals of Georgia
Complaint, from city court of Atlanta — Judge Calhoun. September 29, 1908. The brick company sued the ice company on an account, for the purchase-price of about 38,000 bricks at $6 per thousand.
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Complaint, from city court of Atlanta — Judge Calhoun. September 29, 1908. The brick company sued the ice company on an account, for the purchase-price of about 38,000 bricks at $6 per thousand. The defendant admitted getting the bricks, but set up two defenses: first, that the bricks were not worth $6 per thousand, and that they were bought as “all hard brick,” and apparently were of that quality, but that after delivery it was discovered that they were verjr soft and inferior, and were not worth over $2 per thousand; .also that the defendant had bought from the plaintiff 500,000 hard bricks…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
We have set forth the foregoing letters at some length because the ease here largely turns upon the question as to whether they are sufficient, under the statute of frauds, to hold the brick company to the alleged contract to deliver to the ice company 500,000 bricks. It will be noticed, in the letters written by the ice company, the terms of the contract are definitely stated; nowhere-does the brick company deny that such a contract was really made. Indeed, a close examination of the correspondence will show that in several instances the brick company…
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