Legal Opinion

Castleberry v. Scandrett

Supreme Court of Georgia

Decided June 15, 1856No. 45PublishedCited by 21 opinions

In. Equity, in Taylor Superior Court. Decided by Judge Worrill, April Term, 1856. This was a bill filed by Davis Castleberry against Robert.

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In. Equity, in Taylor Superior Court. Decided by Judge Worrill, April Term, 1856. This was a bill filed by Davis Castleberry against Robert. Scandrett, alleging, that on or about tbe 1st day of October, 1853, he entered into an agreement with said Scandrett to ¿purchase the balance of a stock of goods then in possession of Scandrett, upon the following terms: Complainant was to take the goods at the original cost prices, to be ascertained by reference to the original bills, as they had been rendered by the different persons from'whom they had been purchased, and to give in payment his notes,…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

Taking the complainant’s history of this case, and what ground is there for the interposition of a Court of Chancery?

[1.] He had purchased of the defendant a stock of goods. He agreed to give him first costs, exclusive of freights; and the first cost was to be ascertained by reference to the original invoices; and complainant was to give his notes at three, six and nine months in payment. The invoices were not produced, and the goods were not marked, yet the complainant agreed to proceed with the purchase and make up the new invoice from the…

2Cited by21 opinions

  1. Jackson v. BrownSupreme Court of Georgia · 1952
  2. Martin v. HarwellSupreme Court of Georgia · 1902
  3. Miller v. ClabbyCourt of Appeals of Georgia · 1986
  4. Fenley v. MoodySupreme Court of Georgia · 1898
  5. Lawton v. ByckSupreme Court of Georgia · 1962

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