Bryan v. the South-Western Rail Road
Supreme Court of Georgia
Assumpsit, &c. Eon-suit. By Judge Clarke. Randolph Superior Court. November Term, 1867. This was assumpsit against the South-Western Railroad Company for damages for breach of a contract, made by it in October, 1865, by C. C. Crews, to cut and deliver 40,000 cross-ties upon the railroad, between Dawson and Cuthbert, at forty cents per tie, to be paid for'monthly, as inspected and received ; which contract Crews had, with the approval of the defendant, transferred to…
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Assumpsit, &c. Eon-suit. By Judge Clarke. Randolph Superior Court. November Term, 1867. This was assumpsit against the South-Western Railroad Company for damages for breach of a contract, made by it in October, 1865, by C. C. Crews, to cut and deliver 40,000 cross-ties upon the railroad, between Dawson and Cuthbert, at forty cents per tie, to be paid for'monthly, as inspected and received ; which contract Crews had, with the approval of the defendant, transferred to plaintiffs. It is averred that plaintiffs, in pursuance thereof, purchased a large tract of land, (otherwise valueless to them)…
1Opinion of the CourtWalker, J.
I. We think the Court erred in non-suiting the plaintiffs. There certainly was evidence sufficient to make out a prima facie case of a contract between the company and the plaintiffs; and where this is the case, a non-suit should not be granted; Mitchell vs. Rome Railroad Company, 17 Ga. Rep., 574; Mounce vs. Byars, 11 Ga. Rep., 192-3. The plaintiffs had made out by proof such a case as entitled them to go to the jury. There Avas some evidence to sustain the allegations in their declaration. There may be many difficulties in the Avay of their recovery, but these are matters not for the…
2Cases cited2 opinions
- Mounce v. ByarsSupreme Court of Georgia · 1852
- Mitchell v. Rome Rail RoadSupreme Court of Georgia · 1855
3Cited by8 opinions
- Smith v. CoxSupreme Court of Georgia · 1981
- Allen & Bean, Inc. v. American Bankers Insurance Co. of FloridaCourt of Appeals of Georgia · 1980
- Brunswick Grocery Co. v. LamarSupreme Court of Georgia · 1902
- Hotel Candler Incorporated v. CandlerSupreme Court of Georgia · 1944
- Richards v. Plaza Hotel Inc.Supreme Court of Georgia · 1931
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