Goodin v. Southern Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Hammond. Biehmond superior court. January 25, 1905. Goodin & Goodin, sawmill operators, sued the Southern Bailway Company for damages caused by delay in the delivery of certain sawmill machinery.
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Action for damages. Before Judge Hammond. Biehmond superior court. January 25, 1905. Goodin & Goodin, sawmill operators, sued the Southern Bailway Company for damages caused by delay in the delivery of certain sawmill machinery. The petition, as first amended, alleged, that the defendant “is a railroad corporation in possession of the Augusta Southern Bailroad from Augusta to Sandersville, Ga., and said defendant was operating said Augusta Southern Bailroad from Augusta to Sandersville; Ga., during the month of May, 1903;” that the plaintiffs purchased the machinery from a dealer in Atlanta,…
1Opinion of the CourtBeck, J.
(After stating the facts.) 1. There can be no doubt that the judge who tried the case below was right in sustaining the demurrer to that part of the petition which sought to recover the profits of a collateral contract between the plaintiffs and a third party, it not being alleged that the defendant company had notice of such contract at the time it undertook to transport the shipment. In the case of Wappoo Mills v. Commercial Guano Co., 91 Ga. 396, this court held: “The purchaser of goods can not recover of the seller damages for non-delivery measured by his profits on a particular contract…
2Cases cited7 opinions
- Cooper v. YoungSupreme Court of Georgia · 1857
- Schneider v. EvansWisconsin Supreme Court · 1870
- Wells v. ThomasSupreme Court of Missouri · 1858
- Wappoo Mills v. Commercial Guano Co.Supreme Court of Georgia · 1893
- Johnson & Shahan v. East Tenn., Va. & Ga. R. Co.Supreme Court of Georgia · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Southern Express Co. v. HanawSupreme Court of Georgia · 1910
- Hartwell Railway Co. v. KiddCourt of Appeals of Georgia · 1912
- Atlantic Coast Line Railroad v. PowellSupreme Court of Georgia · 1908
- Seaboard Air Line Railway v. FriedmanSupreme Court of Georgia · 1907
- Seaboard Air-Line Railway v. Southern Flour & Grain Co.Supreme Court of Georgia · 1912
4 more not listed; retrieve them via the Exa API.