Georgia Refining Co. v. Augusta Oil Co.
Supreme Court of Georgia
New Trial. Practice in Superior Court. Estoppel. Damages. Contracts. Vendor and Purchaser. Statute of Frauds. Burden of Proof. Sales. Charge of Court. Before Judge Roney. Richmond Superior Court.
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New Trial. Practice in Superior Court. Estoppel. Damages. Contracts. Vendor and Purchaser. Statute of Frauds. Burden of Proof. Sales. Charge of Court. Before Judge Roney. Richmond Superior Court. April Term, 1884. The Augusta Oil Company sued the Georgia Refining Company, alleging that there was an indebtedness of $4,532.99, besides interest, on a contract of March —, 1883, to sell all the crude cotton seed oil that petitioners had and would manufacture during their pending manufacturing season, delivery beginning the second week in April, 1S83 j that the Refining Company was to take and pay…
1Opinion of the Court
Jackson, Chief Justice.
The Augusta Oil Company sued the Georgia Refining Company for breach of contract, and recovered a verdict. Whereupon a motion was made for a new trial, and its denial, on the grounds therein stated, is the error assigned.
1. There was no error, as alleged in the plaintiffs’ bill of exceptions, conceding that it is good as an interlocutory bill of exceptions, in declining to dismiss the motion for a new trial. The facts do not show laches in the defendant to such a degree as to demand its dismissal; but if they did, the plaintiffs themselves acted upon the judgment on the…
2Cases cited4 opinions
- Rickey v. TenbroeckSupreme Court of Missouri · 1876
- Foster v. Leeper & MenafeeSupreme Court of Georgia · 1859
- Groover, Stubbs & Co. v. Warfield & WayneSupreme Court of Georgia · 1874
- Andrews v. HooverSupreme Court of Pennsylvania · 1839
3Cited by15 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
- White v. . SchweitzerNew York Court of Appeals · 1917
- Pitcher & Manda v. LoweSupreme Court of Georgia · 1895
- De LaPerriere v. Herrmann & HenicanCourt of Appeals of Georgia · 1930
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