Legal Opinion

Holcomb v. Cable Co.

Supreme Court of Georgia

Decided February 12, 1904PublishedCited by 22 opinions

Complaint. Before Judge Henderson. City court of Yienna. April 22, 1903.

1Opinion of the CourtFish, P. J.

1. When the name of a party to a suit is such as to import that the party is a corporation, there is a presumption to this effect, which prevails until the contrary is shown. Mattox v. State, 115 Ga. 219, and cit. The name, “The Cable Company,” imports a corporation.

2. When the parties have reduced to writing what appears to be a complete and certain agreement, importing a legal obligation, it will, in the absence of fraud, accident, or mistake, be conclusively presumed that the writing contains the whole of the agreement between them ; and if it contains an express warranty of certain…

2Cases cited3 opinions

  1. Bullard v. BrewerSupreme Court of Georgia · 1903
  2. Malsby & Avery v. YoungSupreme Court of Georgia · 1898
  3. Mattox v. StateSupreme Court of Georgia · 1902

3Cited by22 opinions

  1. International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
  2. Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
  3. Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
  4. Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
  5. John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914

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