Camp v. Hamlin & Barnum
Supreme Court of Georgia
Sales. Damages. Before Z. T. Odom, Esq., Judge pro hao vine. Dougherty Superior Court. April Term, 1875. Hamlin & Barnum brought complaint against James Camp on the following contract: “Dougherty County, Albany, April 29, 1873. “I have this day bought of Hamlin & Barnum, Cumberland Nurseries, Edgefield junction, Tennessee, the following bill of trees, plants, vines, etc., to be delivered at Albany on the 19th of December, 1873: “Upon the day of delivery of said trees,…
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Sales. Damages. Before Z. T. Odom, Esq., Judge pro hao vine. Dougherty Superior Court. April Term, 1875. Hamlin & Barnum brought complaint against James Camp on the following contract: “Dougherty County, Albany, April 29, 1873. “I have this day bought of Hamlin & Barnum, Cumberland Nurseries, Edgefield junction, Tennessee, the following bill of trees, plants, vines, etc., to be delivered at Albany on the 19th of December, 1873: “Upon the day of delivery of said trees, plants, vines, etc., I will pay to the order of Hamlin & Barnum the sum of $288 00 in cash, or proportionally thereto,…
1Opinion of the Court
Bleckley, Judge.
Fruit trees were sold by written contract, at a stipulated price, to be delivered at a certain place on a certain day., the price to be paid on delivery. They were tendered to the purchaser at the time and place, according to contract, and he declined to receive them. Thereupon the seller lingered forty days, and during that period sold them at auction. The tes*262timony shows that they were worth at the time of tender the price fixed by Ihe contract, but the proceeds at auction amounted to only about one-third of that price. The mere fact is stated, in the evidence, that they…
2Cited by10 opinions
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- Regester v. RegesterCourt of Appeals of Maryland · 1906
- North Georgia Milling Co. v. Henderson Elevator Co.Supreme Court of Georgia · 1908
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