Stewart & Son v. Cook
Supreme Court of Georgia
Action upon contract. Before Judge Evans. Johnson superior court. September 15,1902. The suit was for the breach of a contract for the sale and delivery of cotton. The defendants demurred on the grounds, that no cause of action was stated; that the contract was void under the statute of frauds; that it was wanting in mutuality and in consideration ; and that it was void for uncertainty. The demurrer was sustained, and the plaintiffs excepted.
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Action upon contract. Before Judge Evans. Johnson superior court. September 15,1902. The suit was for the breach of a contract for the sale and delivery of cotton. The defendants demurred on the grounds, that no cause of action was stated; that the contract was void under the statute of frauds; that it was wanting in mutuality and in consideration ; and that it was void for uncertainty. The demurrer was sustained, and the plaintiffs excepted. The petition alleged, that E. M. Redwine, one of the defendants, was general manager of a farming business conducted by a firm composed of himself and…
1Opinion of the CourtLamar, J.
The written contract of sale refers to square and round bales, but is silent as to the weight of either form, or as to the customary meaning of the term. If nothing more appeared, it might be that evidence could have been introduced to show what *543was the standard weight and trade meaning of square bale and round, bale. Pol. Code, § 1 (4); Civil Code, § 3675 (2). But the petition shows that the 'parties themselves agreed that the bales should be-, of a particular weight. It therefore appears that there was a parol agreement, when the law requires that the contract of sale shall be in writing…
2Cases cited1 opinion
- Turner v. Lorillard Co.Supreme Court of Georgia · 1897
3Cited by18 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Spalding County v. Chamberlin & Co.Supreme Court of Georgia · 1908
- Newark Fire Insurance v. SmithSupreme Court of Georgia · 1932
- Wagniere v. DunnellSupreme Court of Rhode Island · 1909
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