Atlanta Milling Co. v. Acme Manufacturing Co.
Court of Appeals of Georgia
Action on contract; from Fulton superior court — Judge Ellis. January 27, 1920. The action was on a contract made in June, for the sale of cottonseed meal to the plaintiff, to be delivered in December. The plaintiff alleged that certain quantities of the cottonseed meal delivered contained less ammonia than the percentage of ammonia guaranteed in the contract.
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Action on contract; from Fulton superior court — Judge Ellis. January 27, 1920. The action was on a contract made in June, for the sale of cottonseed meal to the plaintiff, to be delivered in December. The plaintiff alleged that certain quantities of the cottonseed meal delivered contained less ammonia than the percentage of ammonia guaranteed in the contract. As to the measure of damages the trial judge charged the jury that the damages, if the plaintiff was entitled to recover, would be “the difference between the market value of the meal bargained for in June, 1916, to be delivered in…
1Opinion of the CourtJenkins, P. J.
Where goods of a certain quality are ordered on contract for future delivery, and goods of an inferior quality are delivered, the measure of damages is the difference between the market value of the goods delivered, at the time and place of delivery, and the value of goods of the character ordered, at the time and place of delivery. Seaboard Lumber Co. v. Cornelia Planing Mill Co., 122 Ca. 370 (50 S. E. 121).
Judgment affirmed.
Stephens and Smith, JJ., concur. Action on contract; from Fulton superior court — Judge Ellis. January 27, 1920. The action was on a contract made in June, for the sale…
2Cases cited1 opinion
- Seaboard Lumber Co. v. Cornelia Planing Mill Co.Supreme Court of Georgia · 1905
3Cited by2 opinions
- Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
- Brumby Metals, Inc. v. Spalding Foundry Co.Court of Appeals of Georgia · 1953