Brooke v. Robson
Court of Appeals of Georgia
Complaint, from Baldwin superior court — Judge Lewis. October 15, 1906. On May 13, 1904, Robson contracted with Brooke to buy of him 3,000 bushels of No. 2 mixed com at seventy-three cents per bushel. On May 19, before the com had been shipped, Robson wrote to Brooke, countermanding the order. On May 21 Brooke wrote, refusing to cancel the contract and asking for shipping directions. On May 26 Robson, by letter, reiterated that he would not accept the corn.
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Complaint, from Baldwin superior court — Judge Lewis. October 15, 1906. On May 13, 1904, Robson contracted with Brooke to buy of him 3,000 bushels of No. 2 mixed com at seventy-three cents per bushel. On May 19, before the com had been shipped, Robson wrote to Brooke, countermanding the order. On May 21 Brooke wrote, refusing to cancel the contract and asking for shipping directions. On May 26 Robson, by letter, reiterated that he would not accept the corn. On May 29 Brooke wrote: “Beg to advise that it took two to make this contract and it takes two to unmake it. We respectfully insist that…
1Opinion of the CourtPowell, J.
(After stating the facts as above.)
The countermand was an anticipatory breach or renunciation of the contract. Oklahoma Vinegar Co. v. Carter, 116 Ga. 140 (42 S. E. 378, 59 L. R. A. 122, 94 Am. St. R. 112). By the Civil Code, §3551, the seller in such cases “ma}’- retain [the goods] .and recover the difference between the contract price and the market price at the time and place for delivery; or, he may sell the property, acting for this purpose as agent for the vendee, and Teeover the difference between the contract price and the price ■on resale; or, he may store and retain the property for…
2Cases cited7 opinions
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Americus Grocery Co. v. Brackett & Co.Supreme Court of Georgia · 1904
- Green v. AnsleySupreme Court of Georgia · 1893
- Davis Sulphur Ore Co. v. Atlanta Guano Co.Supreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.
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