Robson & Evans v. Hale & Sons
Supreme Court of Georgia
Action for breach of contract. Before Judge J. B. Park. Baldwin superior court. August 19, 1912. Bobson & Evans made with Hale &'Sons the following contract: “Nashville, Tenn., Dec./8/09. “Bobson & Evans, Milledgeville, Ga. “We are pleased to confirm sale to you to-day by wire through Messrs.
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Action for breach of contract. Before Judge J. B. Park. Baldwin superior court. August 19, 1912. Bobson & Evans made with Hale &'Sons the following contract: “Nashville, Tenn., Dec./8/09. “Bobson & Evans, Milledgeville, Ga. “We are pleased to confirm sale to you to-day by wire through Messrs. B. T. Birdsey & Co., as follows: 500-160#sax wh. oats at 54%, last of Jan., 1910. 300-160#sax#3 wh. oats at 55%, last of Feb., 1910. 300-160 #sax wh. oats 'at 55%, last of March, 1910. 300-160# wh. oats at 56%, last of April, 19Í0. 600-160#sax#3 wh. oats at 57%, May, 1910. “Nashville official weights and…
1Opinion of the CourtLumpkin, J.
(After stating tlie foregoing facts.)
The contract to purchase the oats was entire, although they were to be delivered in different lots monthly, at a stated price per bushel for each lot. The buyers could not receive some of the oats and rescind the contract as to the balance, without the consent of the sellers. A refusal to accept more oats after the first two shipments was a repudiation of the contract, not a rescission of it. When the buyers, without lawful cause, notified the sellers that they would not receive the remainder of the oats undelivered, this was a preach of the contract.…
2Cases cited8 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
- Ford & Co. v. LawsonSupreme Court of Georgia · 1909
- Mendel v. Miller & SonsSupreme Court of Georgia · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bell v. LambornCourt of Appeals for the Fourth Circuit · 1924
- Southern Upholstering Co. v. LiebermanCourt of Appeals of Georgia · 1921
- L. P. Courshon Co. v. BrewerSupreme Court of Iowa · 1932
- Blackstock, Hale & Morgan v. Phillips-Jones Co.Court of Appeals of Georgia · 1918
- Abercrombie v. Georgia Distributing Co.Court of Appeals of Georgia · 1929
3 more not listed; retrieve them via the Exa API.