Elberton Hardware Co. v. Hawes
Supreme Court of Georgia
Action for breach of contract. Before Judge Holden. Elbert superior court. October 17, 1904 In a suit by the Elberton Hardware Company against A. S. Hawes, the petition made the following allegations: The plaintiff is a corporation. On February 20, 1904 the parties entered into the following written contract: “ State of Georgia, County of Elbert.
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Action for breach of contract. Before Judge Holden. Elbert superior court. October 17, 1904 In a suit by the Elberton Hardware Company against A. S. Hawes, the petition made the following allegations: The plaintiff is a corporation. On February 20, 1904 the parties entered into the following written contract: “ State of Georgia, County of Elbert. This contract and agreement made and entered into this 20th day of February, 1904 by and between the Elberton Hardware Company, a corporation drily organized under the laws of said State, of the first part, and A. S. Hawes of said State and county,…
1Opinion of the CourtFish, P. J.
(After stating the facts.) 1. In our opinion, the court was right in holding that the petition failed to set forth a cause of action. It declared upon an alleged written contract of sale, wherein the plaintiff was the seller and the defendant the purchaser of a described, stock of merchandise, and sought to recover a balance alleged to be due upon the contract price of the goods, after the plaintiff, upon the refusal of the defendant to take them, had sold them, at the latter’s risk, and appropriated the proceeds from the sales toward the payment of the purchase-money. But the facts set forth…
2Cases cited3 opinions
- Humaston v. Telegraph Co.Supreme Court of the United States · 1874
- Smyth v. CraigSupreme Court of Pennsylvania · 1841
- Hutton v. MooreSupreme Court of Arkansas · 1870
3Cited by7 opinions
- Deadwyler & Co. v. Karow & ForrerSupreme Court of Georgia · 1908
- Allen v. SamsCourt of Appeals of Georgia · 1923
- Reid v. HemphillCourt of Appeals of Georgia · 1950
- Brown v. Georgia Cotton Growers Co-operative Ass'nSupreme Court of Georgia · 1927
- Roane v. Sophisticated Data Research, Inc.Supreme Court of Georgia · 1989
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