Commerce Coca-Cola Bottling Co. v. Farabee
Court of Appeals of Georgia
Action for damages; from city court of Jefferson — Judge Johns. January 11, 1915. • The petition of Farabee against the Commerce Coca-Cola Bottling Company alleges, that the defendant has injured and damaged the plaintiff by reason of the following facts: (3) The defendant is engaged in manufacturing, bottling, and selling coca-cola and other carbonated beverages. (4), Plaintiff is a merchant doing business in the city of Commerce.
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Action for damages; from city court of Jefferson — Judge Johns. January 11, 1915. • The petition of Farabee against the Commerce Coca-Cola Bottling Company alleges, that the defendant has injured and damaged the plaintiff by reason of the following facts: (3) The defendant is engaged in manufacturing, bottling, and selling coca-cola and other carbonated beverages. (4), Plaintiff is a merchant doing business in the city of Commerce. (5) Plaintiff purchased from the defendant a case of bottled coca-cola for the purpose of reselling it, and on May 13, 1913, while plaintiff was transferring to a…
1Opinion of the CourtWade, J.
1. Discarding all surplus allegations therein, the petition as a whole set out a cause of action, the necessary averments as made were sufficiently full, definite, and certain to put the defendant on notice and to enable it intelligently to make defense,'and the court did not err in overruling the general and special demurrers. See Busby v. Marshall, 3 Ga. App. 764 (60 S. E. 376), as to the degree-of certainty and definiteness required in pleadings. See also, in the same connection, Fuller v. Inman, 10 Ga. App. 680, 693 (3) (74 S. E. 287).(a) There was more than a general allegation of…
2Cases cited4 opinions
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Hudgins v. Coca Cola Bottling Co.Supreme Court of Georgia · 1905
- Fuller v. InmanCourt of Appeals of Georgia · 1912
- Busby v. MarshallCourt of Appeals of Georgia · 1908
3Cited by7 opinions
- Atlanta Coca-Cola Bottling Co. v. DannemanCourt of Appeals of Georgia · 1920
- Armour & Co. v. MillerCourt of Appeals of Georgia · 1929
- McPherson v. Capuano & Co.Court of Appeals of Georgia · 1923
- Georgia-Alabama Coca-Cola Bottling Co. v. WhiteCourt of Appeals of Georgia · 1937
- Coleman v. Dublin Coca-Cola Bottling Co.Court of Appeals of Georgia · 1933
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