Sizer & Co. v. Melton & Sons
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Parker. Appling superior court. December 30, 1905. G. T. Melton & Sons sued out an attachment against Eobert E. Sizer & Company, a corporation of the State of New York.
Read the full summary
Exceptions to auditor’s report. Before Judge Parker. Appling superior court. December 30, 1905. G. T. Melton & Sons sued out an attachment against Eobert E. Sizer & Company, a corporation of the State of New York. The declaration in attachment alleged, in brief, as follows: During the year 1901, Eobert E. Sizer, doing business under the name and style of Eobert E. Sizer & Company, was engaged in buying and selling lumber and shipping it from the port of Brunswick, Georgia, and had an office in that city. While so engaged, the plaintiffs entered into certain contracts with the defendant for…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
In musical parlance, this case may be said to comprehend a theme and variations.- The theme is the question of the liability of a corporation, which obtained a charter in the same name as that in which an individual (previously conducting the business) had agreed to buy lumber, gave orders for the lumber in that name, without any notice of change to the vendors, received and used it, recognizing the prices charged as proper, partly paid for what it received, and then declined to pay the balance due. The principal variation arises from a claim of recoupment…
2Cases cited24 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Fontaine v. Baxley, Boles & Co.Supreme Court of Georgia · 1892
- Moultrie Repair Co. v. HillSupreme Court of Georgia · 1904
- Krogg v. Atlanta & West Point RailroadSupreme Court of Georgia · 1888
- Moss v. ChappellSupreme Court of Georgia · 1906
19 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Mincey v. StateSupreme Court of Georgia · 1987
- Baker v. Lowe Electric Co.Court of Appeals of Georgia · 1933
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
- Smith v. JonesSupreme Court of Georgia · 1937
31 more not listed; retrieve them via the Exa API.