Denmead v. Glass
Supreme Court of Georgia
Complaint, from Dougherty county. Tried before Judge Allen, December Term, 1859. Edward Denmead brought his action against Glass, Laws & Co., on an account for 150 sacks of superfine flour, sold by plaintiff to defendant in error at $2 50 per sack. It was proved, on the trial, that Edward Jones, as one of the firm of Glass, Laws & Co., being in Marietta, at the plaintiff’s place of business, gave a verbal order for the flour in March, 1858. Defendants resided in Albany, Ga.
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Complaint, from Dougherty county. Tried before Judge Allen, December Term, 1859. Edward Denmead brought his action against Glass, Laws & Co., on an account for 150 sacks of superfine flour, sold by plaintiff to defendant in error at $2 50 per sack. It was proved, on the trial, that Edward Jones, as one of the firm of Glass, Laws & Co., being in Marietta, at the plaintiff’s place of business, gave a verbal order for the flour in March, 1858. Defendants resided in Albany, Ga. The flour was shipped by plaintiff at Marietta, on the Western & Atlantic Railroad, to defendants. The plaintiff having…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
To make a sale of goods, wares and merchandise, for the price of ten pounds sterling or upwards, good, under the *638seventeenth section of the Statute of Frauds, the buyer must accept of the part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain, or in part payment, or some note or memorandum in writing of the said bargain must be made and signed by the parties to be charged by such a contract, or the agents thereto lawfully authorized.
There has been no compliance with the statute in this case.…
2Cases cited1 opinion
- Loyd & Pulliam v. Wight, Griffeth & Co.Supreme Court of Georgia · 1856
3Cited by14 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- Marks & Powell v. Talmadge's Sons & Co.Court of Appeals of Georgia · 1911
- Daniel v. HannahSupreme Court of Georgia · 1898
- Bentley v. JohnsCourt of Appeals of Georgia · 1917
- Cofer v. WOFFORD OIL CO. OF GEORGIACourt of Appeals of Georgia · 1952
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