Electric Paint & Varnish Co. v. Lunsford

This is the fourth appearance of this case in this court. On the first trial there was a verdict for the defendant, and the judgment refusing a new trial was reversed by this court (Electric Paint & Varnish Co. v. Lunsford, 46 Ga. App. 536, 168 S. E. 90), on the idea that the instrument sued on was a subsisting contract, and that it was not simply an offer to purchase made to a traveling salesman, which contract had been breached by the defendant by notice by him to the plaintiff not to ship the goods. On the second trial there was likewise a verdict for the defendant. This was appealed, and…