Northington-Munger-Pratt Co. v. Farmers Gin & Warehouse Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Lumpkin. Fulton superior court. July 25, 1904. The 'Northington-Munger-Pratt Company sold a cotton-gin outfit to Freeman & Williamson for $1,500 payable in installments, retaining title until the purchase-money was paid. The first note fell due, and after the default had continued for about a month, the company instructed Baker, their agent, to get possession of the outfit and sell.
Read the full summary
Action for breach of contract. Before Judge Lumpkin. Fulton superior court. July 25, 1904. The 'Northington-Munger-Pratt Company sold a cotton-gin outfit to Freeman & Williamson for $1,500 payable in installments, retaining title until the purchase-money was paid. The first note fell due, and after the default had continued for about a month, the company instructed Baker, their agent, to get possession of the outfit and sell. He notified Bates, president of the .Farmers Gin & Warehouse Company, of the default, and that he had to retake the gin, and thereupon negotiated for a sale of the gin…
1Opinion of the CourtLamar, J.
There was no plea of the statue of frauds, and the pleadings of the defendant, as well as the correspondence, written contract, and undisputed evidence leave no room to question the making of the contract on the terms stated or the authority of the agent to sell. The offer and acceptance made a complete contract,the obligation of each furnishing a sufficient consideration for that of the other. Civil Code, § 3661. The defendant insists that, construed in the light of the circumstances when the contract was made, it appears that the acceptance was with full knowledge by the buyer that the…
2Cases cited1 opinion
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
3Cited by21 opinions
- Colt v. . KimballSupreme Court of North Carolina · 1925
- Pearson v. HorneSupreme Court of Georgia · 1913
- Todd v. WillifordSupreme Court of Georgia · 1929
- Friedman v. GoodmanSupreme Court of Georgia · 1966
- Williams v. BellCourt of Appeals of Georgia · 1972
16 more not listed; retrieve them via the Exa API.