Arnold v. Malsby
Supreme Court of Georgia
Bail-trover. Before Judge Holden. Morgan superior court. November 17, 1903. The action was by Malsby & Company against Arnold, for the recovery of an engine and boiler and a saw, which the plaintiffs had sold the defendant under a written contract by which title was reserved in the vendors until payment of the purchase-money. Arnold by his plea sought to recoup damages on account of delay in the shipment of the machinery.
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Bail-trover. Before Judge Holden. Morgan superior court. November 17, 1903. The action was by Malsby & Company against Arnold, for the recovery of an engine and boiler and a saw, which the plaintiffs had sold the defendant under a written contract by which title was reserved in the vendors until payment of the purchase-money. Arnold by his plea sought to recoup damages on account of delay in the shipment of the machinery. An order by Arnold to Malsby & Company (Atlanta, Ga.), to ship “ at once ” to him at Godfrey, Ga., an engine and boiler and a saw, of designated make and dimensions, foiTned…
1Opinion of the CourtEvans, J.
1. All previous verbal negotiations respecting the terms of sale of certain machinery are merged in the subsequent written contract of sale, and are inadmissible to vary or contradict the writing. Smith v. Newton, 59 Ga. 113 (5).
2. Where a written order for certain machinery stipulated that the seller should not “ be held liable for damages for delays by railroad or failure of *587manufacturers in not shipping machinery,” the seller is not liable to the purchaser for damages accruing from such delays.
Argued June 14, Decided July 13, 1904. Bail-trover. Before Judge Holden. Morgan superior court.…
2Cases cited1 opinion
- Smith v. NewtonSupreme Court of Georgia · 1877
3Cited by9 opinions
- Dixie Belle Mills, Inc. v. Specialty MacHine Co.Supreme Court of Georgia · 1961
- Cottle v. TomlinsonSupreme Court of Georgia · 1941
- Capps v. EdwardsSupreme Court of Georgia · 1908
- S. & S. Builders, Inc. v. Equitable Investment Corp.Supreme Court of Georgia · 1964
- Cameron Coal & Mercantile Co. v. Universal Metal Co.Supreme Court of Oklahoma · 1910
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