Jenkins v. Temples
Supreme Court of Georgia
Remote damages. Restraint of trade. Demurrer. Decided by Judge Parrott. Murray Superior Court. October Term, 1869. On the 4th of September, 1868, Jenkins brought case against Temples, averring as follows: On the 26th of February, 1868, in Spring-place, in said county, he purchased from Temples, his, Temples’, groceries, consisting of whisky, brandy, wine, tobacco, segars, oysters, pickles, mackerel, sardines, candies, etc., etc., being his entire stock of groceries and…
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Remote damages. Restraint of trade. Demurrer. Decided by Judge Parrott. Murray Superior Court. October Term, 1869. On the 4th of September, 1868, Jenkins brought case against Temples, averring as follows: On the 26th of February, 1868, in Spring-place, in said county, he purchased from Temples, his, Temples’, groceries, consisting of whisky, brandy, wine, tobacco, segars, oysters, pickles, mackerel, sardines, candies, etc., etc., being his entire stock of groceries and confectionery, all of which was billed by Temples to him at very high prices, and agreed to pay Temples for them, in…
1Opinion of the CourtBrown, C. J.
We are of opinion that the Court erred in ordering this case dismissed, on the ground that the plaintiff could not recover unless he and the defendant “had agreed upon a certain sum as damages for breach of said contract,” and on the ground that the damages were “too indefinite and remote.” The declaration alleges, that plaintiff purchased defendant’s stock of groceries “at very high figures or prices,” and rented his grocery house for seventy-five dollars, in consideration that the defendant would not “deal, in any of said articles thus billed to petitioner at any place within the corporate *657l…
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