Southern Express Co. v. Cowan
Court of Appeals of Georgia
Complaint; from city court of Ashburn—Judge Tipton. October 18, 1911. The petition alleged: (1) Thfe Southern Express Company is a corporation having an office and an agent in said county.
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Complaint; from city court of Ashburn—Judge Tipton. October 18, 1911. The petition alleged: (1) Thfe Southern Express Company is a corporation having an office and an agent in said county. (2) The Southern Express Company is indebted to your petitioner in the balance of '$120.60 on an open account, a copy of which is hereto attached and made a part hereof, for hauling done under a contract made in said county between petitioner and the said defendant; the said contract having been made to be performed in said county. (3) Said account is past due and unpaid, and the defendant refuses to pay…
1Opinion of the CourtRussell, J.
■ 1. Where the plaintiff’s cause of action can, in strictness, adversely to the pleader, be construed as one founded and dependent upon a contract alleged in the petition to have been made between the parties, the defendant is entitled, as a matter of right (in order to properly prepare his defense), to be informed as to the terms and conditions of the alleged contract. And this is true notwithstanding that the indebtedness is upon an open account made in pursuance of the contract, and a bill of particulars is attached. This right is especially important if the contract rests in parol.
2.…
2Cited by10 opinions
- Henry Darling Inc. v. Harvey-Given Co.Court of Appeals of Georgia · 1930
- Ittner Bros. v. Farmers State BankCourt of Appeals of Georgia · 1914
- Georgia, Ashburn, Sylvester & Camilla Ry. Co. v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1949
- Newcomb Hotel Co. v. CorbettCourt of Appeals of Georgia · 1919
- Red Line Products Co. v. J. M. High Co.Court of Appeals of Georgia · 1936
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