Farmers Cotton Oil Co. v. Brooke & Co.
Court of Appeals of Georgia
Action on contract; from city court of Atlanta — Judge H. M. Reid. November 1, 1913. The Farmers Cotton Oil Company sued T. II. Brookn & Company for $229.94 and interest,' as damages for breach of contract. Upon an agreed statement of facts the ease was submitted to the judge for determination without a jury, and judgment was rendered in favor of the defendants and against the plaintiff for $10, with interest. The plaintiff excepted to this judgment.
Read the full summary
Action on contract; from city court of Atlanta — Judge H. M. Reid. November 1, 1913. The Farmers Cotton Oil Company sued T. II. Brookn & Company for $229.94 and interest,' as damages for breach of contract. Upon an agreed statement of facts the ease was submitted to the judge for determination without a jury, and judgment was rendered in favor of the defendants and against the plaintiff for $10, with interest. The plaintiff excepted to this judgment. The agreed statement of facts was as follows: "On the 28th day of September, 1911, T. H. Brooke & Company, of Atlanta, Georgia, defendant,…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) It is agreed by counsel for both parties in this case that the determination thereof depends solely upon the construction of the contract of sale set forth in the above statement of facts; the vital question being whether or not, under a contract providing for delivery “f. o. b. at LaGrange, Georgia,” which contains no other limitation as to delivery, and does not by its express terms reserve to the buyer the right to designate, before any shipment shall- be loaded for transportation, the particular carrier to whom such shipment shall be entrusted,…
2Cases cited2 opinions
- Minter v. StateSupreme Court of Georgia · 1898
- Harris v. StateMississippi Supreme Court · 1895
3Cited by5 opinions
- Morgan v. Colt Co.Court of Appeals of Georgia · 1925
- Howell v. StateSupreme Court of Georgia · 1927
- Baer & Son v. HooksCourt of Appeals of Georgia · 1929
- Sturman v. StateCourt of Appeals of Georgia · 1939
- Smeltzer v. Atlanta Coach Co.Court of Appeals of Georgia · 1931