Betts Co. v. Mims
Court of Appeals of Georgia
Action for damages; from city court of Ashburn — Judge Tipton. December 23, 1913. Mims sued the Betts Company for damages in the sum of $5,750, on account of the alleged breach of a logging contract between himself and the defendant, entered into on January 1, 1908, by which it was agreed that he would cut and haul logs for the defendant, and place them on the line of a certain tramroad, using for that purpose as many teams as he might be able to purchase, not exceeding…
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Action for damages; from city court of Ashburn — Judge Tipton. December 23, 1913. Mims sued the Betts Company for damages in the sum of $5,750, on account of the alleged breach of a logging contract between himself and the defendant, entered into on January 1, 1908, by which it was agreed that he would cut and haul logs for the defendant, and place them on the line of a certain tramroad, using for that purpose as many teams as he might be able to purchase, not exceeding seven. According to his contention this contract was to continue through the year 1908 and up to JanuarjGl, 1909, and in…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) The first three grounds of the motion for a new trial are the usual general grounds, and require no extended comment, as there was ample evidence to sustain the verdict. The fourth ground objects to a long extract *788from the charge of the court, consisting of code-section 4395, of several paragraphs stating- the contentions of the plaintiff, and of the following instructions: “If you believe that the plaintiff is entitled to recover, and in an effort to mitigate the damages did sell a number of teams for a less amount than the teams would have been worth at…
2Cases cited1 opinion
- Mimms v. Betts Co.Court of Appeals of Georgia · 1911
3Cited by6 opinions
- Davis v. WhitcombCourt of Appeals of Georgia · 1923
- Kapplin v. SeidenCourt of Appeals of Georgia · 1964
- Firestone Tire & Rubber Co. v. ShoreCourt of Appeals of Georgia · 1924
- Chronicle Building Co. v. New Hampshire Fire InsuranceCourt of Appeals of Georgia · 1918
- Painter v. StateCourt of Appeals of Georgia · 1965
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