Thomas N. Baker Lumber Co. v. Atlantic Mill & Lumber Co.
Court of Appeals of Georgia
Complaint; from city court of Albany—Judge Clayton Jones. May 13, 1919.
1Opinion of the CourtStephens, J.
1. Although, in a suit upon indebitatus assumpsit, a non-suit is proper where it appears from the plaintiff’s evidence that there was a written contract between the parties which defined their rights and obligations touching the subject-matter of the suit (Blue v. Word, 12 Ga. 45), yet where in such a suit for the price of goods sold the only evidence of a written contract between the parties was that the goods were sold on various written orders of the defendant and written acceptances of the plaintiff, that the obligations on the part of the plaintiff were performed, and that the goods…
Also in this document: Concurrence.
2Cases cited3 opinions
- Munroe v. BaldwinSupreme Court of Georgia · 1916
- Blue v. FordSupreme Court of Georgia · 1852
- Southern Printers' Supply Co. v. FelkerSupreme Court of Georgia · 1906
3Cited by7 opinions
- Kraft v. Rowland & RowlandCourt of Appeals of Georgia · 1925
- Kemira, Inc. v. Williams Investigative & Security Services, Inc.Court of Appeals of Georgia · 1994
- Reed v. Batson-Cook CompanyCourt of Appeals of Georgia · 1970
- Wolfe v. Brown-Wright Hotel Supply Corp.Court of Appeals of Georgia · 1952
- Professional Insurance Services, Inc. v. Sizemore Electric Company, Inc.Court of Appeals of Georgia · 1988
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