Fay & Eagan Co. v. Dudley & Sons
Supreme Court of Georgia
Complaint. Before Judge Little. Muscogee superior court-November 30, 1906. J. A. Fay & Eagan Company, a corporation, brought suit against Dudley & Sons, a partnership, upon an account.
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Complaint. Before Judge Little. Muscogee superior court-November 30, 1906. J. A. Fay & Eagan Company, a corporation, brought suit against Dudley & Sons, a partnership, upon an account. The bill of particulars was as follows: “T. J. Dudley & Sons, To J. A. Fay & Eagan Co., Dr. June: 28, 1901: Shop Number 58289. One No. 6 Latest Improved Tenoner, with double upper -and lower tenoning heads and bits* upper and lower cope heads.and bits, left off but with copy spindles, T X L pulleys 16" diameter, Net 800.00, F. O. B. Columbus. “1901, Aug. 28th. By cash, $400.00; Bal. due Oct. 28th, 1901*…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. The contract was in writing. There is no claim that the contract, as it appears in the writing, was the result of any fraud, accident, or mistake. It was free from ambiguity. The parties must therefore stapd or fall by the terms of that instrument. It was an agreement to sell a machine of a certain description and a certain character. In a contract for the sale of goods, words of description of the subject-matter of the sale are ordinarily to be regarded as simply a warranty that the goods delivered .shall be of . the character described in the contract. Henderson…
2Cases cited4 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
- McCormick Harvesting Machine Co. v. AllisonSupreme Court of Georgia · 1902
3Cited by31 opinions
- Tinsley v. Gullett Gin Co.Court of Appeals of Georgia · 1917
- McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
- Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
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