Legal Opinion
Central Georgia Brick Co. v. Carolina Portland Cement Co.
Supreme Court of Georgia
Decided August 18, 1911PublishedCited by 5 opinions
Attachment. Before Judge Felton. Bibb superior court. June 6, 1910.
1Opinion of the CourtAtkinson, J.
1. A written contract for the sale of four hundred thousand hard brick, to he shipped from Macon, Georgia, to Charleston, S. C., at the price of $7.15 per thousand, F. O. B. cars at Charleston, the shipments to be made one car each day, beginning February 18th, unless prevented by causes beyond the control of the seller, such as strikes, railroad wrecks, and floods, is an entire contract, though the subject-matter is divisible. Under such a contract the seller is not entitled to demand payment upon delivery of each car-load of brick, but only upon delivery of the whole. Erwin v. Harris, 87…
2Cases cited7 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Laning v. New York Central RailroadNew York Court of Appeals · 1872
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Catlin v. . TobiasNew York Court of Appeals · 1863
- Shinn v. BodineSupreme Court of Pennsylvania · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Glass v. GrantCourt of Appeals of Georgia · 1933
- Georgia Creosoting Co. v. McIntosh Land & Timber Co.Court of Appeals of Georgia · 1919
- Neely v. Willard Bag & Manufacturing Co.Court of Appeals of Georgia · 1919
- Grantville Oil Mills v. Hogansville Oil Mill Co.Court of Appeals of Georgia · 1917
- Smith v. HarrisonCourt of Appeals of Georgia · 1921