Legal Opinion

Central of Georgia Railway Co. v. Gortatowsky

Supreme Court of Georgia

Decided June 16, 1905PublishedCited by 22 opinions

Complaint. Before Judge Spence. Dougherty superior court. October 4, 1904 A. C. Gortatowsky et al. brought suit against the Central of Georgia Railway Company for the sum of $552. On the trial the evidence showed, without conflict, the following facts :, I. C. Brinson was the commercial agent of the defendant at Albany. His duties were to solicit business. He did not have authority to make contracts for special rates on its behalf, and this was known to the plaintiffs.

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Complaint. Before Judge Spence. Dougherty superior court. October 4, 1904 A. C. Gortatowsky et al. brought suit against the Central of Georgia Railway Company for the sum of $552. On the trial the evidence showed, without conflict, the following facts :, I. C. Brinson was the commercial agent of the defendant at Albany. His duties were to solicit business. He did not have authority to make contracts for special rates on its behalf, and this was known to the plaintiffs. At their instance he telegraphed to J. C. Haile, the general passenger agent at Savannah, who had authority to make special…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.) The court may direct the jury to find for the party entitled thereto, where there is no conflict in the evidence, and where that introduced, with all reasonable deductions and inferences therefrom, demands a particular verdict. Civil Code, § 5331. Unless this state of facts exists, a verdict:should not be directed, but the jury should be left to pass on the issues. In this case there were two leading .questions: Did the parties ever arrive at a valid, binding contract ; and, if so, was there a rescission or release from the original terms by mutual consent…

2Cases cited16 opinions

  1. Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
  2. Werner v. RawsonSupreme Court of Georgia · 1892
  3. Jossey v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1899
  4. Dyar v. Walton, Whann & Co.Supreme Court of Georgia · 1887
  5. Hartford & New Haven Railroad v. JacksonSupreme Court of Connecticut · 1856

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Fielder v. DavisonSupreme Court of Georgia · 1913
  2. Gulf Life Insurance Co. v. FolsomSupreme Court of Georgia · 1986
  3. Peerless Casualty Company v. Housing Authority of the City of Hazelhurst, GeorgiaCourt of Appeals for the Fifth Circuit · 1955
  4. Barber v. Atlas Concrete Pools, Inc.Court of Appeals of Georgia · 1980
  5. Rawleigh Co. v. SalterCourt of Appeals of Georgia · 1923

17 more not listed; retrieve them via the Exa API.

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