Singer v. Grand Rapids Match Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Calhoun. City court of Atlanta. May 19, 1902. ' Dewald & Co., brokers in Atlanta, wrote to the defendant company, proposing to sell their matches, and asking for samples, quotations, and rate of brokerage. The defendant answered: “We have forwarded you to-day by express prepaid samples of matches in 100, 200, and 500 sizes. You will note that the 200 are exceptionally large boxes, being more than full count.
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Action for breach of contract. Before Judge Calhoun. City court of Atlanta. May 19, 1902. ' Dewald & Co., brokers in Atlanta, wrote to the defendant company, proposing to sell their matches, and asking for samples, quotations, and rate of brokerage. The defendant answered: “We have forwarded you to-day by express prepaid samples of matches in 100, 200, and 500 sizes. You will note that the 200 are exceptionally large boxes, being more than full count. We intend eventually to put these out as 300 short count. In about sixty days we will have 200’s long and short, also 50 size. We can quote you…
1Opinion of the CourtLamar, J.
This case involves matches by the car-load. Under plaintiff’s construction he bought five car-loads; under defendant’s construction it sold only one. The difference arose from the confused and ambiguous language used in the defendant’s price-list and in the letters giving quotations. It was contended in argument here that there was no ambiguity to those engaged in the match business; but to the ordinary mind there is no doubt that, at first blush, the plaintiff’s construction seems to have been natural ; and if the case were to be determined on that ground, the court would have no difficulty…
2Cases cited4 opinions
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3Cited by17 opinions
- Abner M. Harper, Inc. v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1913
- State Highway Commission v. State Construction Co.Oregon Supreme Court · 1955
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Central of Georgia Railway Co. v. GortatowskySupreme Court of Georgia · 1905
- Nowell v. Mayor of MonroeSupreme Court of Georgia · 1933
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