Lysle Milling Co. v. Whitfield Grocery Co.
Court of Appeals of Georgia
Action on contract; from Baldwin superior court — Judge Park. April 5, 1920. The action was for an alleged purchaser’s breach of contract by refusal to accept and pay for 420 barrels of flour, alleged to have been sold through a merchandise broker. The plaintiff alleged that the broker represented both parties, and that they were bound by the broker’s memorandum of the terms of sale.
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Action on contract; from Baldwin superior court — Judge Park. April 5, 1920. The action was for an alleged purchaser’s breach of contract by refusal to accept and pay for 420 barrels of flour, alleged to have been sold through a merchandise broker. The plaintiff alleged that the broker represented both parties, and that they were bound by the broker’s memorandum of the terms of sale. The defendant company denied that it was represented by the broker, and it contended that there was no binding contract between the parties. The court directed a verdict for the defendant. The case came to this…
1Opinion of the CourtLuke, J.
1. The evidence as to material facts in the case was conflicting, and the court erred in directing a verdict for the defendant.
2. The amendment to the motion for a new trial is without merit.
Judgment reversed.
Broyles, G. J., and Bloodworth, J., concur. Whitfield testified, that Epps did not represent him in any way whatever in the transaction in question, and that he did not authorize Epps to sign anything for him; that he had a conversa-, tion over the telephone with Epps,- in which Epps was trying to sell flour, and that he told Epps that if the flour matched a private brand used in his…
2Cases cited4 opinions
- Hartman Stock Farm v. HenleyCourt of Appeals of Georgia · 1910
- McLamb & Co. v. LambertsonCourt of Appeals of Georgia · 1908
- Schlesinger v. Texas & St. Louis Railway Co.Supreme Court of Missouri · 1885
- Slack v. Tucker & Co.Supreme Court of the United States · 1874
3Cited by2 opinions
- Salters v. Pugmire Lincoln-Mercury, Inc.Court of Appeals of Georgia · 1971
- Lott-Lewis Co. v. Bingham-Hewett Grain Co.Court of Appeals of Georgia · 1922