Gate City Cotton Mills v. Mills
Supreme Court of Georgia
Action on contract. Before Judge Pendleton. Fulton superior court. July 2, 1906. The Cherokee Mills of Cedartown, Georgia, brought suit against the Gate City Cotton Mills, a corporation of Fulton county, seeking to recover damages for a breach of contract. A verdict for one thousand dollars was found in favor of the plaintiff. The defendant moved for a new trial, the motion was overruled, and it excepted.
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. Several of the contentions now made are controlled by the decision when the case was formerly before this court. Cherokee Mills v. Gate City Cotton Mills, 122 Ga. 268. On the last trial the defendant moved to dismiss the case, on the ground that it was not alleged in the petition, or in the amendment thereto, that the Cherokee Mills was a corporation, or a partnership, or an individual, and that therefore there was no party plaintiff having a legal entity, either as a natural or as an artificial person. The motion was overruled. The petition showed, that…
2Cases cited12 opinions
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3Cited by14 opinions
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