Empire Talc & Lumber Co. v. Goble
Court of Appeals of Georgia
Trover; from Gordon superior court—Judge Tarver. February '28, 1918. . ' The Empire Talc & Lumber Company brought trover against Goble for 60,000 feet of lumber.
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Trover; from Gordon superior court—Judge Tarver. February '28, 1918. . ' The Empire Talc & Lumber Company brought trover against Goble for 60,000 feet of lumber. From the testimony of the plaintiffs vice-president and manager, Dillard, it appeared that after the' purchase of 200,000 feet of lumber by the plaintiff from the defendant under a written contract of January 20, 1917, a parol agreement was made between them on March 19, 1917, for the purchase of 100,000 feet more, to be delivered at the plaintiff’s yard in Chatsworth, under the' terms of the prior written contract, as to dimensions,…
1Opinion of the CourtWade, C. J.
Under the facts -developed in this case the court did not err in awarding a nonsuit. The application by the plaintiff of the sum paid the defendant as 'part of the purchase-price of the lumber in .question to an entirely different contract between the parties, by and with the consent of the defendant, amounted to a withdrawal or rescission of the partial payment made under «the parol agreement, and rendered the contract for the sale of - the lumber (valued at more than $5.0) unenforceable under the statute of frauds, to which it constituted no exception. In the case of Ray v. Schmidt, 7 Ga.…
2Cases cited1 opinion
- Ray v. Schmidt & Co.Court of Appeals of Georgia · 1910