Improved Fertilizer Co. v. Swift & Co.
Court of Appeals of Georgia
Action for damages; from city court of Eastman—Judge Neese. March 25, 1914. Swift & Company sued the Improved Fertilizer Company for the alleged breach of two contracts for the purchase of fertilizer materials from the plaintiff.
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Action for damages; from city court of Eastman—Judge Neese. March 25, 1914. Swift & Company sued the Improved Fertilizer Company for the alleged breach of two contracts for the purchase of fertilizer materials from the plaintiff. The contracts were dated respectively June 25 and June 26, 1911, and covered 300 tons of tankage and 50 tons of ground blood; of which 100 tons of tankage, to be delivered “first week in February,” a like amount to be delivered “first week in March,” and 25 tons of blood to be delivered “first week in March,” are alone involved in the suit, since the remainder was…
1Opinion of the CourtWade, J.
(After stating the foregoing facts.) Since, under the well-settled rule, a judgment refusing a nonsuit will not be reversed, if from an examination of the record it appears that the evidence as a whole was sufficient to support the verdict returned in favor of the plaintiff (Atlantic & Birmingham Railway Co. v. Sumner, 134 Ga. 673, 68 S. E. 593), and it has been further held that “an exception to the refusal to order a nonsuit will not be considered, where, in the motion for a new trial, which was overruled, error is assigned on the ground that the verdict is contrary to evidence and without…
2Cases cited12 opinions
- Lydia Pinkham Medicine Co. v. GibbsSupreme Court of Georgia · 1899
- East Tenn., Va. & Ga. Railway Co. v. KaneSupreme Court of Georgia · 1893
- McElmurray v. BlodgettSupreme Court of Georgia · 1904
- Henderson v. Maysville Guano Co.Court of Appeals of Georgia · 1914
- Lamar v. PearreSupreme Court of Georgia · 1892
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3Cited by5 opinions
- Wahnschaff v. ErdmanCourt of Appeals of Georgia · 1998
- Clift & Goodrich Inc. v. Mincey Manufacturing Co.Court of Appeals of Georgia · 1930
- Lodgenet Entertainment Corp. v. Heritage Inn AssociatesCourt of Appeals of Georgia · 2003
- Lumpkin v. State Highway DepartmentCourt of Appeals of Georgia · 1966
- Lumpkin v. State Highway DepartmentCourt of Appeals of Georgia · 1966