Bass Dry Goods Co. v. Granite City Manufacturing Co.
Supreme Court of Georgia
Action on contract. Before Judge Proffitt. City court of Elberton. June 27, 1903. Gairdner, Arnold, Cason, and Brown were partners doing business under the name of the Granite City Manufacturing Company. On the dissolution of the firm by the death of Gairdner, the other members agreed that Arnold should have entire control in winding up its affairs.
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Action on contract. Before Judge Proffitt. City court of Elberton. June 27, 1903. Gairdner, Arnold, Cason, and Brown were partners doing business under the name of the Granite City Manufacturing Company. On the dissolution of the firm by the death of Gairdner, the other members agreed that Arnold should have entire control in winding up its affairs. He employed Brown as traveling salesman, and by letter directed him to “ call on Bass Dry Goods Company, and try to close them ” certain goods. No price was stated in the letter. Brown presented this letter, with a card on which his name appeared…
1Opinion of the CourtLamar, J.
The court charged: “ If you believe from the evidence . . that Arnold . . sent Brown to the plaintiff with instructions to sell the goods in question to them at a certain price, or at figures not below a certain price, you would be authorized to find that Brown was the special agent of Arnold, and, as between Arnold and plaintiff, the plaintiff would be bound to take notice of the instruction given Brown by Arnold.” This was error. Assuming that the goods were not on hand, and that therefore Arnold was principal, it appeared that he had written Brown, “ While in Atlanta call on Bass Dry Goods…
2Cases cited3 opinions
- Barclay v. HopkinsSupreme Court of Georgia · 1877
- Holman & Woods v. Georgia RailroadSupreme Court of Georgia · 1881
- Bass Dry Goods Co. v. Granite City Manufacturing Co.Supreme Court of Georgia · 1901
3Cited by29 opinions
- Ford Motor Co. v. AbercrombieSupreme Court of Georgia · 1950
- State v. Regents of the University SystemSupreme Court of Georgia · 1934
- Smith v. Standard Oil CompanySupreme Court of Georgia · 1971
- Holbert v. AllredCourt of Appeals of Georgia · 1920
- Galbraith v. WeberWashington Supreme Court · 1910
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