Columbus Crate Co. v. Evans
Supreme Court of Georgia
Action for breach of contract. Before Judge Little. Muscogeesuperior court. January 25, 1907. The suit was against the Columbus Crate Company for damages-arising from a breach of a parol executory contract for the sale-of goods exceeding $50 in value.
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Action for breach of contract. Before Judge Little. Muscogeesuperior court. January 25, 1907. The suit was against the Columbus Crate Company for damages-arising from a breach of a parol executory contract for the sale-of goods exceeding $50 in value. The petition as amended alleged “1. Your petitioner shows that on April 12, 1906, petitioner and-said Columbus Crate Company entered into an oral contract, whereby the said Crate Company agreed and contracted to deliver to youT petitioner at Fort Yalley, Ga., 50,000 peach carrier crates, and petitioner agreed to pay for same, at and for the…
1Opinion of the CourtAtkinson, J.
An executory contract in parol for the sale of personal property amounting to more than $50 is not void under the statute-of frauds (Civil Code, §2693, par. 7), where the contract is after-wards partly executed by delivery of a portion of the goods and acceptance and payment therefor, such delivery and payment being in pursuance of the contract, within the time stipulated for delivery, and while both parties recognize its existence. See, in this connection,. 1 Mechem on Sales, §401; Wood, Stat. Frauds, 521; Cason v. Cheely, 6 Ga. 554 ; Bryan v. Southwestern R. Co., 37 Ga. 26 ; Bearden…
2Cases cited3 opinions
- Bearden Mercantile Co. v. Madison Oil Co.Supreme Court of Georgia · 1907
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Bryan v. the South-Western Rail RoadSupreme Court of Georgia · 1867
3Cited by1 opinion
- Southern Wood Preserving Co. v. Resaca Lumber Co.Court of Appeals of Georgia · 1923