Seabrook Coal Co. v. Moore
Court of Appeals of Georgia
Action on contract; from Fulton superior court — Judge Pendleton. November 4, 1919. On August 8, 1916, Moore gave a written order to the Sea-brook Coal Company for 20 cars of coal, at $1.35 per ton, one car to be shipped immediately, and the others “as ordered.” The company shipped three cars instead of one. Moore complained of this, and also as to the quality of the coal, but sent a check to cover the price of the three cars.
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Action on contract; from Fulton superior court — Judge Pendleton. November 4, 1919. On August 8, 1916, Moore gave a written order to the Sea-brook Coal Company for 20 cars of coal, at $1.35 per ton, one car to be shipped immediately, and the others “as ordered.” The company shipped three cars instead of one. Moore complained of this, and also as to the quality of the coal, but sent a check to cover the price of the three cars. On the 21st of the next month the company notified Moore that they had cancelled the contract; saying “this order was for -prompt delivery, and we can not hold -same…
1Opinion of the CourtJenkins, P. J.
1. “ In a purchaser’s suit for damages because of the failure of the. seller to deliver the goods in accordance with the terms of the contract of sale, generally the measure of damages is the difference between the contract price and the market price at the time and place of delivery.” Truitt v. Rust & Shelburne Sales Co., 25 Ga. App. 62 (102 S. E. 645), and cit.
2. A contract of which the obligations are mutually binding upon the parties thereto is not rendered unilateral merely because matters concerning the details of performance are left to the option of one of the contractors. Where no…
2Cases cited3 opinions
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Truitt v. Rust & Shelburne Sales Co.Court of Appeals of Georgia · 1920
- Maddox v. WagnerSupreme Court of Georgia · 1900
3Cited by8 opinions
- McMurray v. BatemanSupreme Court of Georgia · 1965
- Szabo Associates, Inc. v. Peachtree-Piedmont AssociatesCourt of Appeals of Georgia · 1977
- Southern Upholstering Co. v. LiebermanCourt of Appeals of Georgia · 1921
- Borochoff v. William Muirhead Construction Co.Court of Appeals of Georgia · 1937
- Stevenson v. AllenCourt of Appeals of Georgia · 1956
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