Timmons v. Bostwick
Supreme Court of Georgia
Complaint. Before Judge Worrill. Early superior court. January 27, 1913. W. E. Bostwiek brought suit against S. S. Timmons, to recover for an alleged breach of a contract by the defendant to sell and deliver to the plaintiff twenty bales of cotton. The contract was alleged to have been made by means of the following writings: “I have this day sold to W. E. Bostwiek 20-b/c. at 10% cents round f. o. b. cars Arlington, Ga.
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Complaint. Before Judge Worrill. Early superior court. January 27, 1913. W. E. Bostwiek brought suit against S. S. Timmons, to recover for an alleged breach of a contract by the defendant to sell and deliver to the plaintiff twenty bales of cotton. The contract was alleged to have been made by means of the following writings: “I have this day sold to W. E. Bostwiek 20-b/c. at 10% cents round f. o. b. cars Arlington, Ga. Delivery to be made as follows: 5 Sept., 10 in Oct., 'and S in Nov., to be in good and merchantable condition. [Signed] S. S. Timmons. 7-2-09.” "Arlington, Ga., July 2, 1909.…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. The court erred in overruling the demurrer to the petition. As originally filed, it relied upon three written papers as constituting a contract between the plaintiff and the defendant, by which the latter agreed to sell and the former to buy twenty bales of cotton deliverable at certain times. We do not think they constituted such a contract. The first paper contained a statement by the defendant that he had sold to the plaintiff twenty bales of cotton at ten and a half cents per pound, to be delivered as stated. This paper was signed alone by the…
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