Van Winkle & Co. v. Wilkins
Supreme Court of Georgia
Contracts. Damages. Evidence. Partnership. Waiver. Witness. Practice. Interest. Before Judge Roney. Burke superior court. November term, 1887. The declaration contained a count on a written contract, a count for the price and value of machinery sold, a count for the price and value of work done and materials furnished, and a count for money due on an account stated.
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Contracts. Damages. Evidence. Partnership. Waiver. Witness. Practice. Interest. Before Judge Roney. Burke superior court. November term, 1887. The declaration contained a count on a written contract, a count for the price and value of machinery sold, a count for the price and value of work done and materials furnished, and a count for money due on an account stated. The suit was by E. Van Winkle & Company against W. A. Wilkins, and J, H. McKenzie and Robert C. Neely (partners under the firm name of McKenzie & Neely), and "William E. Jones. The contract sued on provided, in substance, that E.…
1Opinion of the Court
Bleckley, Chief Justice.
1. In defence to an action upon a contract to mann. facture machinery for a cotton-seed oil-mill, a deduction from the contract price was claimed on two grounds: (1) that the machinery was not first-class, the contract being to supply machinery of that class; and (2) that a delay of some days occurred in completing the woi’k, in consequence of which loss occurred from the decay or deterioration of cotton-seed that had been purchased for use in the mill. The court, in ruling upon the pleas and in charging the jury, recognized both elements of defence, and wc think,…
2Cited by33 opinions
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- White v. KnappCourt of Appeals of Georgia · 1923
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