John M. Clark & Co. v. Neufville
Supreme Court of Georgia
Sale. Warranty. Measure of damages. Rescission. Before Judge Gibson. Richmond Superior Court. January Term, 1872. Francis L. Neufville brought assumpsit against John M. Clark & Company for $5,000 damages, sustained by plaintiff on account of the failure of defendants to deliver seven hundred and four bags of clay peas, containing one thousand three hundred and seventy-eight bushels, of the same quality as the samples exhibited to plaintiff at the time the purchase was made.
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Sale. Warranty. Measure of damages. Rescission. Before Judge Gibson. Richmond Superior Court. January Term, 1872. Francis L. Neufville brought assumpsit against John M. Clark & Company for $5,000 damages, sustained by plaintiff on account of the failure of defendants to deliver seven hundred and four bags of clay peas, containing one thousand three hundred and seventy-eight bushels, of the same quality as the samples exhibited to plaintiff at the time the purchase was made. Plaintiff alleged that he purchased said clay peas for the New Orleans market; that lie communicated this fact to the…
1Opinion of the Court
McCay, Judge.
These peas were sold with a warranty, delivered according to the agreement, accepted and paid for. There is no pretence of fraud; the defendants below supposed the peas were *265as described. There has, without doubt, been a breach of the warranty, and the plaintiff was entitled to a verdict. The only question is, what is the proper and legal measure of damages? The Court charged the jury, in substance, that the price paid and expenses, less what the peas sold for, was the true criterion. In other words, the Judge told the jury that if there was a breach of warranty, the peas, when…
2Cases cited3 opinions
- Feagin v. BeasleySupreme Court of Georgia · 1857
- Robison v. BeallSupreme Court of Georgia · 1858
- Gaulden v. SheheeSupreme Court of Georgia · 1860
3Cited by9 opinions
- Dozier v. McWhorterSupreme Court of Georgia · 1903
- Atlanta Tallow Co. v. John W. Eshelman & Sons, Inc.Court of Appeals of Georgia · 1964
- Taylor Manuf'g Co. v. Hatcher Manuf'g Co.U.S. Circuit Court for the Southern District of Georgia · 1889
- Woodruff v. Graddy & SonSupreme Court of Georgia · 1893
- Oxford Knitting Mills v. WooldridgeCourt of Appeals of Georgia · 1909
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