Barnett & Co. v. Terry & Smith
Supreme Court of Georgia
Rescission. Lien. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Terry & Smith, commission merchants, sued Barnett & Company on an open account for cash advanced in purchasing goods for them, commissions, etc.
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Rescission. Lien. Before Judge Johnson. Muscogee Superior Court. May Term, 1870. Terry & Smith, commission merchants, sued Barnett & Company on an open account for cash advanced in purchasing goods for them, commissions, etc. Part of the items were as follows : 1866, January 2d, to cash advanced for one hundred and thirty barrels flour, invoiced superfine, $962 00, fifty barrels flour, invoiced extra, $437 50. The defendants pleaded that all the other items of the account had been paid, and that they did not owe for the flour, because it was unsound and not such as they had ordered, and upon…
1Opinion of the CourtLochrane, C. J.
This was an action brought to recover money alleged to be due on an open account. When the case came up for trial the defendant pleaded, among other things, that the contract relative to the item of flour, which formed the matter in controversy, had been rescinded before the commencement of the suit, and also a plea setting up tender of a certain amount in payment. The Court struck out these pleas, the one on the ground that the plea did not allege a return of the flour, or offer to return it, and the other on the ground that the money alleged to be due and tendered, was not in Court ready to…
2Cited by18 opinions
- Clark v. BandySupreme Court of Georgia · 1943
- Hoffman v. Franklin Motor Car Co.Court of Appeals of Georgia · 1924
- Ellison v. EvansCourt of Appeals of Georgia · 1952
- Brown v. BrownCourt of Appeals of Georgia · 1953
- Moore v. Dixie Eire InsuranceCourt of Appeals of Georgia · 1917
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