Legal Opinion

Wheelwright & Co. v. Aiken

Supreme Court of Georgia

Decided April 3, 1893PublishedCited by 9 opinions

Action for damages. Before Judge Sweat. Glynn superior court. May term, 1892. Aiken sued Wheelwright & Company for breach of contract, and for certain expenses alleged to have been incurred by the plaintiff at the request of the defendants. The jury found for the plaintiff, and defendants’ motion for a new trial was overruled. The evidence is directly conflicting.

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Action for damages. Before Judge Sweat. Glynn superior court. May term, 1892. Aiken sued Wheelwright & Company for breach of contract, and for certain expenses alleged to have been incurred by the plaintiff at the request of the defendants. The jury found for the plaintiff, and defendants’ motion for a new trial was overruled. The evidence is directly conflicting. The plaintiff’s contention is, that in December, 1888, he being engaged in business as a commission merchant and in handling lumber, etc., on commission, the defendants retained and engaged him to handle and superintend the loading…

1Opinion of the Court

*394 Judgment affirmed.

In evidence appeared a letter from the defendants to the plaintiff dated December 21st, 1888, stating: “We beg to confirm arrangements made with you, under which you are to handle at Brunswick, (4a., such lumber as we may get from the mill on the cars to go over the duBignon dock, at 90c. per M feet, including all charges of handling, inspection and delivery to vessel. The arrangement to continue as long as mutually desirable. Will you please confirm this if in order.” Also, a letter from plaintiff to defendants, dated January 2d, 1889, viz: “Arrangement between us I…

2Cited by9 opinions

  1. Jones v. StateCourt of Appeals of Georgia · 1943
  2. Swanson v. MobleyCourt of Appeals of Georgia · 1925
  3. Horton v. WilkersonSupreme Court of Georgia · 1941
  4. Commercial Credit Co. v. LewisCourt of Appeals of Georgia · 1938
  5. Gordon v. Commercial Auto Loan Corp.Court of Appeals of Georgia · 1952

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