Watson v. Hazlehurst & McAllister
Supreme Court of Georgia
Complaint. Before Judge Henderson. City court of Vienna. October 18, 1905. Hazlehurst & McAllister brought suit against Watson, alleging, that on August 13, 1904, plaintiffs purchased of Watson 50 bales of cotton, to be delivered in Savannah by the 20th of August, 1904, at 10 1/4 cents per pound.
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Complaint. Before Judge Henderson. City court of Vienna. October 18, 1905. Hazlehurst & McAllister brought suit against Watson, alleging, that on August 13, 1904, plaintiffs purchased of Watson 50 bales of cotton, to be delivered in Savannah by the 20th of August, 1904, at 10 1/4 cents per pound. On the date upon which the cotton was to be delivered, defendant notified plaintiffs that it was impossible to make the delivery, and asked for an extension, and such extensions were granted from time to time up to the date o'f the filing of the suit, when, after demand being made upon the defendant,…
1Opinion of the CourtCobb, P. J.
(After stating the facts.) The petition was not subject to any of the grounds taken in the demurrer. It set forth the fact that the plaintiffs had purchased of the defendant 50 bales of cotton. This averment, that they had purehásed, was equivalent to an averment that they had agreed to accept upon delivery. The fact that it appeared from the averments of the petition that the defendant expected to purchase the cotton in order to comply with his contract did not render the contract illegal. An executory contract for the sale of an article is not illegal merely for the reason that the seller…
2Cases cited2 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Stewart & Son v. CookSupreme Court of Georgia · 1903
3Cited by13 opinions
- Citizens & Southern Bank v. Union Warehouse & Compress Co.Supreme Court of Georgia · 1924
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- McNamara v. Georgia Cotton Co.Court of Appeals of Georgia · 1912
- W. H. Goff Co. v. Lamborn & Co.Court of Appeals for the Fifth Circuit · 1922
- Sanders v. AllenSupreme Court of Georgia · 1910
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