Singer v. Santa Paula Commercial Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Bell. Fulton superior court. April 26, 1912.. The suit was to recover $601.75, which it was alleged the plaintiff had lost in consequence of the refusal of the defendant to take a shipment of 120 sacks of walnuts valued at $1,695.04. After having endeavored to induce the defendant to take the nuts which it is insisted he was bound to take under the terms of a contract hereafter set forth, and after due notice to the defendant, the…
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Action for breach of contract. Before Judge Bell. Fulton superior court. April 26, 1912.. The suit was to recover $601.75, which it was alleged the plaintiff had lost in consequence of the refusal of the defendant to take a shipment of 120 sacks of walnuts valued at $1,695.04. After having endeavored to induce the defendant to take the nuts which it is insisted he was bound to take under the terms of a contract hereafter set forth, and after due notice to the defendant, the plaintiff sold the nuts for $1,093.29. The contract upon which the suit is predicated, so far as material to the issues…
1Opinion of the CourtBeck, J.
(After stating the foregoing facts.) Paragraph 1 of the contract relates to the sale of walnuts classified as “Number 1 soft-shell grade.” No walnuts of this grade were ordered. No part of that paragraph qualified the portions of the contract contained in paragraph 2 or paragraph 3; and we can not agree with the contention that paragraph 2 of the contract should be read in the light of paragraph 1. There is nothing in the wording of paragraph 2 or paragraph 3 which makes the construction of the terms of either of these paragraphs depend upon the interpretation of the terms of the other; but…
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