Harley Hardware Co. v. Harry S. Lafond Co.
Court of Appeals of Georgia
Action on contract; from city court of Valdosta — -Judge Crawley presiding. June 14, 1921.
1Opinion of the CourtJenkins, P. J.
1. Under the exceptions to the striking and disallowance of certain portions of defendant’s answer, the court did not err in striking paragraph 9. In .an action for damages for the difference between the contract price and the market price at the time and place for delivery, on account of a breach by the seller of a contract to deliver lumber, where actual delivery was agreed and contemplated, allegations that the plaintiff was not damaged because it had no use for the lumber present no valid defense.
2. The court did not err in striking the 10th paragraph of the answer, which alleged that, .“…
2Cases cited9 opinions
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Eagle & Phenix Mills v. HerronSupreme Court of Georgia · 1904
- Ford & Co. v. LawsonSupreme Court of Georgia · 1909
- Crosby v. Georgia Realty Co.Supreme Court of Georgia · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mendel v. Converse & Co.Court of Appeals of Georgia · 1923
- Atlanta Laundries Inc. v. GoldbergCourt of Appeals of Georgia · 1944
- Collins & Glennville Railroad v. BeasleyCourt of Appeals of Georgia · 1926
- Maxwell v. United StatesCourt of Appeals for the Fourth Circuit · 1925
- Bank of Bullochville v. RiehleCourt of Appeals of Georgia · 1927
2 more not listed; retrieve them via the Exa API.