Atlanta Buggy Co. v. Hess Spring & Axle Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Beid. City court of Atlanta. November 16, 1904. The Hess Spring and Axle Company brought suit against the Atlanta Buggy Company. The declaration contained three counts, but one of them was stricken oil demurrer. Of the others, one was based on each of two contracts. They were similar in character, except that one applied to vehicle axles, the other to vehicle springs.' The first began thus: “Contract for axles.
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Action for breach of contract. Before Judge Beid. City court of Atlanta. November 16, 1904. The Hess Spring and Axle Company brought suit against the Atlanta Buggy Company. The declaration contained three counts, but one of them was stricken oil demurrer. Of the others, one was based on each of two contracts. They were similar in character, except that one applied to vehicle axles, the other to vehicle springs.' The first began thus: “Contract for axles. Made in duplicate at' Atlanta, Ga., July 25th, 1902. The Hess Spring & Axle Co., of Carthage, Ohio, agrees to sell and the Atlanta Buggy…
1Opinion of the Court
LüMPKIN, <7.
It is necessary to consider only one question raised by the demurrer, namely, that it appears that each of the contracts provided that it should “only become binding on the seller when signed by one or more of its officers;” that it was without consideration, unless there were mutual promises; and that the seller never made a promise or became bound, and therefore the defendant was not bound. No other consideration moving to the defendant is alleged or insisted on except that there were mutual promises, and that each contract was binding on both parties. If this were not so, then…
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