Case Threshing Machine Co. v. Donalson
Court of Appeals of Georgia
Complaint; from city court of Bainbridge — Judge Harrell. The J. I. Case Threshing Machine Company sued John E. Donation for the price of machinery alleged to have been sold to him under a written contract.
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Complaint; from city court of Bainbridge — Judge Harrell. The J. I. Case Threshing Machine Company sued John E. Donation for the price of machinery alleged to have been sold to him under a written contract. The allegations of the petition, so far as material, are as follows • Defendant, on June 15, 1909, executed and delivered to plaintiff his written contract (a copy of which is attached as an exhibit) whereby he purchased certain machinery described therein, which was to be shipped to him at Jakin, Georgia. The machinery was shipped to Jakin, according to the terms of the contract. By the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) The suit is not for breach of contract, but for the purchase-price of the machinery, the petition alleging that the plaintiff fully performed its part of the contract; and the only question presented for the decision of this court is whether the allegations of the petition, if proved, entitle the plaintiff to recover the agreed price of the machinery. This case seems to be fully controlled by the decision of this court in Maine v. Howell, 7 Ga. App. 311 (66 S. E. 804). Indeed, we think that it is even stronger and clearer as to the right of the plaintiff…
2Cases cited7 opinions
- Vogel v. PekocIllinois Supreme Court · 1895
- Brown v. BowmanSupreme Court of Georgia · 1903
- Sellers v. GreerIllinois Supreme Court · 1898
- Sheffield v. WhitfieldCourt of Appeals of Georgia · 1909
- Cable Co. v. HancockCourt of Appeals of Georgia · 1907
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3Cited by5 opinions
- Allied Steel and Conveyors, Inc. v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 1960
- Federal Farm Mortgage Corp. v. DixonSupreme Court of Georgia · 1938
- Allen v. Arrow Contracting Co.Court of Appeals of Georgia · 1964
- Columbia Weighing Machine Co. v. VaughanSupreme Court of Kansas · 1927
- Case Threshing Machine Co. v. DonalsonCourt of Appeals of Georgia · 1913