DeLoach & Brother v. Smith & Anderson
Supreme Court of Georgia
Contracts. Damages. Demand. Actions. Charge of court. Evidence. Pleadings. Before Judge Hines. Bulloch superior court. April term, 1889. In connection with the third and fourth heads of the opinion, the following is added : It was in the evidence that defendants had engaged to build bridges, etc. on a projected railroad, and desired plaintiffs to furnish them sawed lumber for this purpose; and plaintiffs required the contract sued on to be made.
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Contracts. Damages. Demand. Actions. Charge of court. Evidence. Pleadings. Before Judge Hines. Bulloch superior court. April term, 1889. In connection with the third and fourth heads of the opinion, the following is added : It was in the evidence that defendants had engaged to build bridges, etc. on a projected railroad, and desired plaintiffs to furnish them sawed lumber for this purpose; and plaintiffs required the contract sued on to be made. One of the defendants testified that as soon as the railroad project failed, plaintiffs stopped sawing for them and delivered no more lumber; but it…
1Opinion of the Court
Simmons, Justice.
It appears from the record in this case that Smith & Anderson entered into a written contract with De-Loach & Brother, whereby they agreed to furnish to them 100,000 feet of sawed lumber, according to specifications which should be furnished to them by De-Loach & Brother. The lumber was to he delivered on Lott’s Creek; and DeLoach & Brother agreed to pay $7.50 for each thousand feet of the same, except 30,000 feet for which they were to pay $9 per thousand; said sums to be paid on the 20th day of each month for such quantities of the lumber as should then he delivered to…
2Cases cited1 opinion
- Branch, Sons & Co. v. PalmerSupreme Court of Georgia · 1880
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- White & Hamilton Lumber Co. v. LynchCourt of Appeals of Georgia · 1924