Poland Paper Co. v. Foote & Davies Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Reid. City court-of Atlanta. December 11,1902. The Eoote & Davies Company sued the Poland Paper Company for damages on account of the alleged breach of a contract for the-sale and delivery of a car-load of paper.
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Action for breach of contract. Before Judge Reid. City court-of Atlanta. December 11,1902. The Eoote & Davies Company sued the Poland Paper Company for damages on account of the alleged breach of a contract for the-sale and delivery of a car-load of paper. The petition alleged, that on October 6,1899, the defendant contracted to sell the paper “ for the sum of $1,987.02, f. o. b. at Mechanics Falls, Maine, to be shipped in one month, and to be paid for in four months from receipt of goods;” that, in violation of the contract, the defendant failed and refused to ship the paper until December…
1Opinion of the CourtLamar, J.
Whether acceptance of goods is a waiver of damages for delay in delivery is a matter about which the authorities are in great conflict. See 54 L. R. A. 718, note. Some hold that, unless there is a reservation of the right to sue, the acceptance after the time fixed for delivery may be considered as evidence that the damages have been waived. Other courts, with this, rule that mere acceptance does not work such a result. Van Winkle v. Wilkins, 81 Ga. 104. But if the parties so intend, a new agreement may operate as a discharge of the old contract, and such discharge will be effected, even if…
2Cases cited5 opinions
- Davis & Co. v. MorganSupreme Court of Georgia · 1903
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Van Winkle & Co. v. WilkinsSupreme Court of Georgia · 1888
- Jones v. GranthamSupreme Court of Georgia · 1888
3Cited by6 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Alabama Construction Co. v. Continental Car & Equipment Co.Supreme Court of Georgia · 1908
- Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
- Miazza v. Western Union Telegraph Co.Court of Appeals of Georgia · 1935
- Gude & Walker v. Bailey Co.Court of Appeals of Georgia · 1908
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