Wholesale Mercantile Co. v. Jackson
Court of Appeals of Georgia
Complaint, from city court of Cartersville — Judge Foute. April 30, 1907. Jackson brought suit against the Wholesale Mercantile Company to recover the contract price of goods sold and 'delivered as -set forth in the petition. The defendant filed a plea denying the contract of sale as alleged, and claimed that a smaller quantity of the goods were bought. It further pleaded that the alleged contract was within the statute of frauds.
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Complaint, from city court of Cartersville — Judge Foute. April 30, 1907. Jackson brought suit against the Wholesale Mercantile Company to recover the contract price of goods sold and 'delivered as -set forth in the petition. The defendant filed a plea denying the contract of sale as alleged, and claimed that a smaller quantity of the goods were bought. It further pleaded that the alleged contract was within the statute of frauds. The issue was submitted to the jury and a verdict was rendered in favor of the plaintiff, for the full contract price as claimed by him. The Wholesale .Mercantile…
1Opinion of the CourtRussell, J.
(After stating the foregoing facts.) Summarizing the contentions of both parties, the evidence for the plaintiff tended to show that the -manager of the defendant company bargained for all of the canned peaches and tomatoes he had for sale. He testified th$t he expressly informed the manager, Mr. McCormick, that he accepted his bid in preference to that of Mr. Strickland, another buyer of' fruit, upon the ground that Mr. Strickland had only offered to take a portion of his canned goods. He further testified that he delivered the goods according to his contract, at the warehouse of the…
2Cases cited4 opinions
- Johnson v. WatsonSupreme Court of Georgia · 1846
- Lloyd & Pulliam v. Wright, Griffith & Co.Supreme Court of Georgia · 1858
- Loyd & Pulliam v. Wight, Griffeth & Co.Supreme Court of Georgia · 1856
- Woodward v. SolomonSupreme Court of Georgia · 1849
3Cited by5 opinions
- Knowles v. Dayries Rice Co.Court of Appeals of Georgia · 1912
- Mack v. PardeeCourt of Appeals of Georgia · 1929
- M. C. Kiser Co. v. RosenbloomCourt of Appeals of Georgia · 1930
- Southern Railway Co. v. CatheyCourt of Appeals of Georgia · 1922
- Southern Railway Co. v. PooleCourt of Appeals of Georgia · 1918