Ford & Co. v. Lawson
Supreme Court of Georgia
Action for breach of contract. Before Judge Beagan. • Butts superior court. July 10, 1909. B. B. Ford & Company sued F. M. Lawson for a breach of contract in failing and refusing to deliver 200 bales of cotton alleged ■to have been sold by the defendant to the plaintiffs. The plaintiffs lived in Macon. The defendant lived in Flovilla. Set out in the petition were certain letters and telegrams between the parties.
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Action for breach of contract. Before Judge Beagan. • Butts superior court. July 10, 1909. B. B. Ford & Company sued F. M. Lawson for a breach of contract in failing and refusing to deliver 200 bales of cotton alleged ■to have been sold by the defendant to the plaintiffs. The plaintiffs lived in Macon. The defendant lived in Flovilla. Set out in the petition were certain letters and telegrams between the parties. On April 15, the plaintiffs wrote to the defendant that their agent had sent to them a letter of the defendant “in reference to buying your cotton,” that they would be glad to trade…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The defendant contracted to sell and deliver to the plaintiffs 200 bales of cotton. As the time for delivery approached he wrote and telegraphed to the plaintiffs, begging to be relieved from the trade, and then repudiating it. In one telegram he said, “I can not stand to trade.” In another he said, “Trade off. Can’t get cotton.” Nevertheless he denied the allegation that he broke the contract or refused to deliver the cotton according to the contract; and the jury must have accepted his statement, as they found a verdict in his favor. He pleaded that…
2Cases cited5 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Smith v. Georgia Loan, Savings & Banking Co.Supreme Court of Georgia · 1901
- Armistead v. McGuireSupreme Court of Georgia · 1872
- Anderson v. KirbySupreme Court of Georgia · 1906
- Slater, Myers & Co. v. Demorest Spoke & Handle Co.Supreme Court of Georgia · 1894
3Cited by26 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
- Gilleland v. WelchSupreme Court of Georgia · 1945
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