Salant v. Dannenberg Co.
Court of Appeals of Georgia
Attachment; from city court of Macon — Judge Hodges. The Dannenberg Company sued Salant & Salant,“alleging, that the defendants sold to the plaintiff 100 dozen shirts at $3 per dozen, to be shipped from New York to Macon, and to correspond with a sample dozen shirts left with the plaintiff when the contract was made; that subsequently the contract 'was'mutually rescinded, except as to 78 dozen shirts; that when the 78 dozen shirts were received by the plaintiff it refused to…
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Attachment; from city court of Macon — Judge Hodges. The Dannenberg Company sued Salant & Salant,“alleging, that the defendants sold to the plaintiff 100 dozen shirts at $3 per dozen, to be shipped from New York to Macon, and to correspond with a sample dozen shirts left with the plaintiff when the contract was made; that subsequently the contract 'was'mutually rescinded, except as to 78 dozen shirts; that when the 78 dozen shirts were received by the plaintiff it refused to accept them, because they were inferior and wholly unlike the samples; that immediately upon discerning this fact…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
Assuming that the finding of the judge on the issues of fact is conclusive, one question of law is presented. Did the conduct of the Dannenberg Company in receiving the shirts, placing them in its store, and subsequently selling them to prevent further deterioration in value, for the purpose of lessening the loss, amount *265'to an acceptance of the shirts and a waiver of its right to sue Salant & Salant for a failure to deliver in accordance with the contract? It is well settled that where goods are sold by samples exhibited, an express warranty arises that…
2Cases cited2 opinions
- Carolina Portland Cement Co. v. TurpinSupreme Court of Georgia · 1906
- Christian v. Knight & Co.Supreme Court of Georgia · 1907