Cannon v. Atlanta Warehouse Co.
Court of Appeals of Georgia
Complaint; from Fulton superior court'—Judge Bell. November 17, 1919. Application for certiorari was denied by the Supreme Court.
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Complaint; from Fulton superior court'—Judge Bell. November 17, 1919. Application for certiorari was denied by the Supreme Court. By agreement of counsel this case was tried by the judge without a jury upon the following agreed statement of facts: “ On February 12, 1918, the plaintiff, trading under the trade name of Alma Cotton Company, had on storage with the defendant, the Atlanta Warehouse Company, in Atlanta, Georgia, 152 bales of cotton, which had been shipped from Alma by petitioner to defendant, to hold as warehouse cotton for the petitioner’s account and subject to his further…
1Opinion of the CourtStephens, J.
1. Where a warehouseman, who has cotton on storage for the purpose of selling it for the owner, communicates to the owner an oiler which the warehouseman has received from a prospective buyer to buy the cotton, and the owner accepts the offer and authorizes the warehouseman to make the sale, there arises a contract between the owner and the warehouseman authorizing the warehouseman to sell the cotton upon the terms of the offer, and a sale by the warehouseman at a less price constitutes a breach of this contract, and the warehouseman is liable to the owner for the difference.
2. Where such a…
Also in this document: Concurrence.
2Cited by4 opinions
- First National Bank Of Fleming v. Paul K. PetzoldtCourt of Appeals for the First Circuit · 1958
- Petzoldt v. Lawrence Warehouse Co.District Court, D. Colorado · 1957
- First National Bank v. PetzoldtCourt of Appeals for the Tenth Circuit · 1958
- Beckham v. DavisCourt of Appeals of Georgia · 1929