Equitable Manufacturing Co. v. Davis
Supreme Court of Georgia
Complaint. Before Judge Parker. Glynn superior court. June 7, 1907. Tbe plaintiff brought a suit against the defendant for $299, besides interest from the 10th day of May, 1902, for goods sold on a contract, a copy of which was attached to the petition; and alleged that they had complied with all its terms.
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Complaint. Before Judge Parker. Glynn superior court. June 7, 1907. Tbe plaintiff brought a suit against the defendant for $299, besides interest from the 10th day of May, 1902, for goods sold on a contract, a copy of which was attached to the petition; and alleged that they had complied with all its terms. The defendant filed an answer, denying any indebtedness to the plaintiff, averring that she refused to give the notes referred to in the contract, because the plaintiff had not complied with the terms thereof, and that the sending of the.bond referred to in the. contract was a condition…
1Opinion of the CourtHoiden, J.
(After stating the facts).
1. The contract provided that the plaintiff was to “send a bond that clerk of court knowing sureties would accept.” Part of the contract was in the form of an order directed to the plaintiff in-Iowa City, Iowa, from the defendant, who resided in Brunswick, Georgia. The defendant contends that the clerk of court referred to could be only the clerk of the superior court of the county in which Brunswick is situated. We do 'not think so. It can not be said that the plaintiff was required to execute a. bond- in the *70county in which Brunswick was situated, as there is…
2Cases cited3 opinions
- Barnes v. CarterSupreme Court of Georgia · 1904
- Hines v. McLellanSupreme Court of Georgia · 1903
- Zipperer v. Mayor of SavannahSupreme Court of Georgia · 1907
3Cited by21 opinions
- Williams v. PerrySupreme Court of Georgia · 1911
- Jones v. American Mutual Liability InsuranceCourt of Appeals of Georgia · 1934
- Shore v. BrownCourt of Appeals of Georgia · 1917
- Atlantic Ice & Coal Corp. v. Town of DecaturSupreme Court of Georgia · 1923
- Copeland v. JordanSupreme Court of Georgia · 1918
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