Southern Printers' Supply Co. v. Felker
Supreme Court of Georgia
Complaint — appeal. Before Judge Bussell. Walton superior court. February 23, 1905. The Southern Printers’ Supply Company brought suit in the county court of Walton county against Joseph II. Felker for $38.17, alleged to be due on an open account. The defendant, among other things, pleaded recoupment for $100. The case was carried to the-superior court by appeal.
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Complaint — appeal. Before Judge Bussell. Walton superior court. February 23, 1905. The Southern Printers’ Supply Company brought suit in the county court of Walton county against Joseph II. Felker for $38.17, alleged to be due on an open account. The defendant, among other things, pleaded recoupment for $100. The case was carried to the-superior court by appeal. The evidence for the plaintiff showed, that there was a written contract between the parties, by which the plaintiff agreed to sell to the defendant certain printing machinery for $1,235, and to send a competent man, on request, to…
1Opinion of the CourtLumpkin, J.
1. Where suit was brought on an open account for an indebtedness, and on the trial it appeared that there was a written contract between the parties, which was introduced, and the evidence for the-plaintiff was to the effect that there had been complete performance by it of its part of the contract and nothing remained to be done but for the defendant to make payment, it was error to grant a nonsuit. Hancock v. Ross, 18 Ga. 304; Tumlin v. Bass Furnace Co., 93 Ga. 594; Burch v. Harrell, Id. 719; Johnson v. Quin, 52 Ga. 485; Schmidt v. Wambacker, 62 Ga. 321.
2. The case of Blue v. Ford, 12 Ga.…
2Cases cited4 opinions
- Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
- Johnson v. QuinSupreme Court of Georgia · 1874
- Blue v. FordSupreme Court of Georgia · 1852
- Schmidt v. WambackerSupreme Court of Georgia · 1879
3Cited by12 opinions
- Alabama Construction Co. v. Continental Car & Equipment Co.Supreme Court of Georgia · 1908
- Henry Darling Inc. v. Harvey-Given Co.Court of Appeals of Georgia · 1930
- Coaling Coal & Coke Co. v. HowardSupreme Court of Georgia · 1908
- Myers v. AaronsCourt of Appeals of Georgia · 1923
- Chatham Abattoir & Packing Co. v. Painter Engineering Co.Court of Appeals of Georgia · 1922
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