Payne v. Miller
Supreme Court of Georgia
Evidence. Practice. New trial. Witness. Before Judge Q-uerry. Randolph superior court. November adjourned term, 1890. Complaint on an account for a gin, feeder and condensér was brought on October 15,1887, by O. H. Miller against J. A. & J. B. Payne: The defendants pleaded not indebted, breach of warranty, and recoupment; and they prayed for a rescission of the contract of sale.
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Evidence. Practice. New trial. Witness. Before Judge Q-uerry. Randolph superior court. November adjourned term, 1890. Complaint on an account for a gin, feeder and condensér was brought on October 15,1887, by O. H. Miller against J. A. & J. B. Payne: The defendants pleaded not indebted, breach of warranty, and recoupment; and they prayed for a rescission of the contract of sale. They alleged that in 1886 they contracted with the plaintiff for an 80 saw gin, feeder and condenser, agreeing to pay the price charged by the plaintiff", with the positive assurance and guaranty on plaintiff’s part…
1Opinion of the Court
*73 Judgment affirmed.
Pending the cause one of the defendants died, and his executrix was made a party in his stead. The jury found for the plaintiff', and to the overruling of a motion for new trial exceptions were taken. The grounds of the motion are as follows: (1) The defendants had been served with written notice to produce the following papers: “Original letters from O. H. Miller to J. A. Payne dated August 29th, 1886. All letters from same to same dated between August 29th, 1886, and September 23d, 1886. Letter from O. H. Miller to J. A. & J. B. Payne, dated September 24th, 1886, and…
2Cited by6 opinions
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- Carmichael Tile Co. v. McClellandSupreme Court of Georgia · 1957
- Hixon v. StateSupreme Court of Georgia · 1908
- Wheeler v. StateSupreme Court of Georgia · 1934
- Eiberger v. Martel Electronic Sales, Inc.Court of Appeals of Georgia · 1972
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