Erk v. Simpson
Supreme Court of Georgia
Complaint. Before Judge Maddox. Floyd superior court. December 28, 1910. TV. P. Simpson and the Pittsburg Fruit & Produce Company entered into the following written agreement: “This agreement made and entered into this the 14th day of July, 1906, between TV.
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Complaint. Before Judge Maddox. Floyd superior court. December 28, 1910. TV. P. Simpson and the Pittsburg Fruit & Produce Company entered into the following written agreement: “This agreement made and entered into this the 14th day of July, 1906, between TV. P. Simpson, of said State and county, of the first part, and the Pittsburg Fruit & Produce' Company (incorporated), of Pittsburg, State of Pennsylvania, of the second part, witnesseth, that for and in consideration of one thousand dollars (represented by a check duly certified) this day delivered to the party of the first part by the…
1Opinion of the CourtLumpkin, J.
The purchaser of certain peaches brought suit against the seller, under the contract set out in the statement of facts, to recover the balance of the $1,000 represented by the certi- ■ fied check, after deducting the purchase-price of the peaches received. The court directed a verdict for the defendant, and the plaintiff excepted.
1. Hnder the contract, the certified cheek for $1,000 was placed with the seller apparently to guarantee payment for the peaches purchased, or to be used in paying for the last of those delivered. They were to be paid for when accepted by the agent of the purchaser…
2Cases cited3 opinions
- Armour & Co. v. Ross & BarfieldSupreme Court of Georgia · 1900
- Central Railroad & Banking Co. v. SkellieSupreme Court of Georgia · 1891
- Georgia Railway & Electric Co. v. BaileyCourt of Appeals of Georgia · 1911
3Cited by11 opinions
- Paulk v. ThomasCourt of Appeals of Georgia · 1967
- Atlanta Baseball Co. v. LawrenceCourt of Appeals of Georgia · 1928
- Clements v. HollingsworthSupreme Court of Georgia · 1949
- Currie v. Davis, Agent, Etc.Supreme Court of South Carolina · 1923
- Columbian Peanut Co. v. PopeCourt of Appeals of Georgia · 1943
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