Howell v. Maine & Co.
Supreme Court of Georgia
Complaint. Before Judge O’Steen. City court of Douglas. December 7, 1905. The suit was upon an open account for the price of certain jewelry, amounting to $180, furnished in pursuance of a written order, signed by the defendant, and addressed to the plaintiffs at Iowa City, Iowa, containing, among other stipulations, the following:. '"‘This order is subject to approval at Iowa City, Iowa.”
Read the full summary
Complaint. Before Judge O’Steen. City court of Douglas. December 7, 1905. The suit was upon an open account for the price of certain jewelry, amounting to $180, furnished in pursuance of a written order, signed by the defendant, and addressed to the plaintiffs at Iowa City, Iowa, containing, among other stipulations, the following:. '"‘This order is subject to approval at Iowa City, Iowa.” At the appearance term the defendant filed an answer denying the allegations of the petition, but set up that the defendant had given an order for a less quantity of goods, and that instead of filling that…
1Opinion of the CourtAtkinson, J.
1. Under the view we take of this case, the written contract would not be complete until approved and accepted by the plaintiffs at their home office in Iowa City. That being true, it was competent for the defendant to plead and prove the things alleged in the -amendment to the plea. If the defendant as a matter of fact contracted with the salesman of the plaintiffs for an $80 order only, and signed the order which contained the list of articles valued at $180, but upon the understanding that the agent should mark off so many of the articles as to reduce the order to an assortment of $80, it…
2Cited by4 opinions
- Walter E. Heller & Co. v. Aetna Business Credit, Inc.Court of Appeals of Georgia · 1981
- McDonald v. Pearre Bros. & Co.Court of Appeals of Georgia · 1908
- Steverson v. BancroftCourt of Appeals of Georgia · 1920
- Young v. Standard Lumber Co.Court of Appeals of Georgia · 1919