Americus Grocery Co. v. Brackett & Co.
Supreme Court of Georgia
Complaint. Before Judge Crisp. City court of Amerieus. August 7, 1903. The plaintiff ordered from the defendants 10,000 bushels of “ Texas red rust-proof seed oats. ” It alleges that the defendants delivered Indian Territory and Oklahoma raised oats; that the plaintiff did not know and by the exercise of ordinary care could not have discovered the difference, when it received and paid for the same; that those delivered were worth from ten to fifteen cents a bushel less than…
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Complaint. Before Judge Crisp. City court of Amerieus. August 7, 1903. The plaintiff ordered from the defendants 10,000 bushels of “ Texas red rust-proof seed oats. ” It alleges that the defendants delivered Indian Territory and Oklahoma raised oats; that the plaintiff did not know and by the exercise of ordinary care could not have discovered the difference, when it received and paid for the same; that those delivered were worth from ten to fifteen cents a bushel less than those ordered, at the time and place of delivery; and that it was entitled to recover $1,200 overpaid. One witness for…
1Opinion of the CourtLamar, J.
Bargain and sale of a chattel of a particular description imports a warranty that the article sold is of that description. Miller v. Moore, 83 Ga. 684; Civil Code, § 3558. It was for the jury to decide whether “Texas red rust-proof seed oats” described a specific variety, regardless of where they were raised, as “Irish” potatoes include those raised outside of Ireland; or whether the trade meaning included those grown in the State of Texas, deriving their special value from the character of the soil and climate. One witness testified that oats raised in Indian Territory and Oklahoma came…
2Cases cited2 opinions
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Berry v. ShannonSupreme Court of Georgia · 1896
3Cited by28 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1944
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
- Colt Co. v. BridgesSupreme Court of Georgia · 1926
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