Southern Saw Mill Co. v. Herzfield

In a former decision by this court in this case it was held that the petition set forth an absolute refusal by the defendant to accept the goods contracted for, and was not subject to general demurrer. See Herzfield v. Southern Saw Mill Co., 31 Ga. App. 323, 327 (120 S. E. 666), in which there is a statement as to the pleadings. On the trial the plaintiff struck the first count of the petition and relied solely upon the second count, which set forth that after being notified by the defendant that it would not accept the goods, which had already been manufactured and were ready for delivery,…