Robinson v. O'Bannon Co.
Court of Appeals of Georgia
Complaint; from city court of Cairo — Judge Rigsby. March 11, 1920. The O’Bannon Company, of Claremore, Oklahoma, sued Robinson, alleging, that he contracted to buy from it 1500 bushels of oats to be shipped to Cairo, Georgia; that the oats were shipped to him in pursuance of the contract, and that when they reached their destination he failed and refused to accept them and pay for them, thus breaching the contract; that upon this breach of the contract the plaintiff had the…
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Complaint; from city court of Cairo — Judge Rigsby. March 11, 1920. The O’Bannon Company, of Claremore, Oklahoma, sued Robinson, alleging, that he contracted to buy from it 1500 bushels of oats to be shipped to Cairo, Georgia; that the oats were shipped to him in pursuance of the contract, and that when they reached their destination he failed and refused to accept them and pay for them, thus breaching the contract; that upon this breach of the contract the plaintiff had the oats sold for the account of the defendant, through Ira Higdon, a wholesale grocer of Cairo, Georgia, for the highest…
1Opinion of the CourtBloodworth, J.
1. The first grant of a new trial is complained, of in the main bill of exceptions. The evidence was conflicting. “ It may now be considered as settled that this court will not, under any circumstances, reverse a judgment granting a first new trial, whether the grant be general upon all grounds of the motion or special upon one or more grounds only, or whether it be upon a ground which involves questions of evidence or upon a ground which involves purely questions of law; unless it is made to appear that no other verdict than the one rendered could possibly have been returned under the law…
Also in this document: Concurrence.
2Cases cited1 opinion
- Parks v. StevensCourt of Appeals of Georgia · 1917
3Cited by2 opinions
- Druckman v. Forsyth Furniture Lines, Inc.Court of Appeals for the Fourth Circuit · 1927
- Western Alfalfa Milling Co. v. WorthingtonWyoming Supreme Court · 1924