Holcomb v. Cable Co.
Supreme Court of Georgia
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
- Bullard v. BrewerSupreme Court of Georgia · 1903
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- Mattox v. StateSupreme Court of Georgia · 1902
3Cited by22 opinions
- International Harvester Co. of America v. DillonSupreme Court of Georgia · 1906
- Case Threshing Machine Co. v. BroachSupreme Court of Georgia · 1912
- Charles v. Valdosta Foundry & Machine Co.Court of Appeals of Georgia · 1908
- Georgia Co-Operative Fire Ass'n v. Borchardt & Co.Supreme Court of Georgia · 1905
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
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