Seaboard Lumber Co. v. Cornelia Planing Mill Co.
Supreme Court of Georgia
Action on contract. Before Judge Reid. City court of Atlanta. June 2, 1904. The Cornelia Planing Mill Company brought an action against the Seaboard Lumber Company, alleging that the plaintiff had purchased from the defendant a car-load of No. 1 common lumber to be delivered at Cornelia, Georgia. Collection was by draft with bill of lading attached, and payment was made before the lumber was inspected. Upon delivery it was found to be of inferior quality.
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Action on contract. Before Judge Reid. City court of Atlanta. June 2, 1904. The Cornelia Planing Mill Company brought an action against the Seaboard Lumber Company, alleging that the plaintiff had purchased from the defendant a car-load of No. 1 common lumber to be delivered at Cornelia, Georgia. Collection was by draft with bill of lading attached, and payment was made before the lumber was inspected. Upon delivery it was found to be of inferior quality. The plaintiff sued for the difference in value between that ordered afld that received. The jury found for the plaintiff, and the defendant…
1Opinion of the CourtLamar, J.
(After stating the facts.) Where goods of one quality are ordered, and those of an inferior quality are shipped, the rights of the parties and the measure of damages become fixed, at the moment of the breach. The plaintiff here became entitled to the difference in value between-No. 1 lumber ordered and the inferior lumber shipped. A resale was one of the methods of arriving at the amount of the damage. But while the plaintiff was not obliged to resell, it was bound to establish the amount of its damages measured by the rules of law applicable to such cáses. Americus Co. v. Brackett, 119 Ga.…
2Cases cited1 opinion
- Americus Grocery Co. v. Brackett & Co.Supreme Court of Georgia · 1904
3Cited by5 opinions
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- Yamaoka v. KloeberWashington Supreme Court · 1913
- Atlanta Milling Co. v. Acme Manufacturing Co.Court of Appeals of Georgia · 1920
- Brumby Metals, Inc. v. Spalding Foundry Co.Court of Appeals of Georgia · 1953