Moultrie Lumber Co. v. Driver Lumber Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Covington. City court of Moultrie. March 11, 1904. The Driver Lumber Company brought suit against the Moultrie Lumber Company, alleging that the defendant had accepted an order from the plaintiff for switch-ties, on condition that the defendant “ would guarantee quantity, quality, and count; ” that under the terms of the order the ties were to be shipped to Brunswick, and there inspected, and the defendant was “to stand the…
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Action for breach of contract. Before Judge Covington. City court of Moultrie. March 11, 1904. The Driver Lumber Company brought suit against the Moultrie Lumber Company, alleging that the defendant had accepted an order from the plaintiff for switch-ties, on condition that the defendant “ would guarantee quantity, quality, and count; ” that under the terms of the order the ties were to be shipped to Brunswick, and there inspected, and the defendant was “to stand the inspection and bear the loss of such culls and rejections as might be made; ” that the ties were shipped, and the plaintiff…
1Opinion of the CourtCobb, J.
The answer of the defendant did not admit a prima facie case, and’ therefore the- burden was upon the plaintiff to establish by proof such material allegations of the petition as were *27not expressly admitted in the answer. The order and the payment of the full amount claimed by the defendant as due for the shipment of cross-ties were admitted; but the answer did not admit that rejections had been made, or that the amount represented by rejections was the sum alleged in the petition. • • It was a necessary part of the plaintiff’s case to prove that these rejections had been made as alleged. The…
2Cases cited1 opinion
- Equitable Mortgage Co. v. WatsonSupreme Court of Georgia · 1903
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- Mutual Benefit Health & Accident Ass'n v. BellCourt of Appeals of Georgia · 1934
- Egli v. HuttonOregon Supreme Court · 1931
- Griffith v. Federal Land Bank of ColumbiaSupreme Court of Georgia · 1940
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