Georgia Agricultural Works v. Price
Court of Appeals of Georgia
Complaint; from city court of Wrightsville — Judge Kent. December 5, 1911. On.or about August 9, 1910, the defendant gave to the plaintiff a written order for the purchase of a ginning outfit. The order was, on August 10, accepted in writing by the plaintiff. The contract as thus made provided that the machinery should be shipped to the defendant “at once.”
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Complaint; from city court of Wrightsville — Judge Kent. December 5, 1911. On.or about August 9, 1910, the defendant gave to the plaintiff a written order for the purchase of a ginning outfit. The order was, on August 10, accepted in writing by the plaintiff. The contract as thus made provided that the machinery should be shipped to the defendant “at once.” There was a further stipulation in the contract as follows: “There are no verbal representations or agreements not herein expressed in writing. This contract is not binding upon the Georgia Agricultural Works unless and until accepted by…
1Opinion of the CourtPottle, J.
(After stating the foregoing facts.)
1. Where a purchaser refuses to take and pay for goods bought, the seller has three remedies: He may retain the goods and recover the difference between the contract price and market price at the time and place of delivery; he may sell the property after giving due notice to the purchaser and recover the difference between the contract price and the price on resale; or he may store or retain the property for the defendant and sue the purchaser for the entire price. Civil Code (1910), § 4131; Castlen v. Marshburn, 8 Ga. App. 400 (69 S. E. 317). In the…
2Cases cited9 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Bennett v. Lycoming County Mutual InsuranceNew York Court of Appeals · 1876
- Scammon v. Germania InsuranceIllinois Supreme Court · 1881
- Castlen v. MarshburnCourt of Appeals of Georgia · 1910
- J. C. Smith & Wallace Co. v. LungerSupreme Court of New Jersey · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Great American Co-Operative Fire Ass'n v. JenkinsCourt of Appeals of Georgia · 1912
- Fed. Sec. L. Rep. P 97,824 Nathan Dwoskin v. Rollins, Inc.Court of Appeals for the Fifth Circuit · 1981
- Southern Flour & Grain Co. v. Saint Louis Grain Co.Court of Appeals of Georgia · 1912
- AMERICAN SERVICE COMPANY v. BerryCourt of Appeals of Georgia · 1963
- Buchanan v. HusonCourt of Appeals of Georgia · 1929
9 more not listed; retrieve them via the Exa API.