Samuel D. Linton & Co. v. Williams
Supreme Court of Georgia
Certiorari, from Richmond county. Decided by Judge Holt, October Term, 1857. This was a certiorari, wherein Charles A. Williams was plaintiff, and the said Samuel D. Linton & Co., defendants, bringing up on an alleged error, from the City Court of Augusta, the proceedings from that Court, in an action on the case by the said Charles A. against the said Samuel D. & Co., for damages, alleged to have been sustained by the said Charles A., in consequence of the failure of the…
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Certiorari, from Richmond county. Decided by Judge Holt, October Term, 1857. This was a certiorari, wherein Charles A. Williams was plaintiff, and the said Samuel D. Linton & Co., defendants, bringing up on an alleged error, from the City Court of Augusta, the proceedings from that Court, in an action on the case by the said Charles A. against the said Samuel D. & Co., for damages, alleged to have been sustained by the said Charles A., in consequence of the failure of the said Samuel D. Linton & Co., to deliver certain flour, under the following agreement. “ C. A. WILLIAMS, To S. D. LINTON &…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
The return to the certiorari shows, that on the 7th day off September, 1853, a negotiation, for the sale and purchase of flour, was entered into by the parties, through their respective agents, which resulted in the delivery to the plaintiff, by the defendant, of the following note of sale:
C. A. WILLIAMS,
To S. D. LINTON & CO. Dr.
To 100 barrels Sup. Flour, at $5.50, - - $550.00
to be delivered at any time during'the winter when wanted, from this date. Augusta, Sept., 553.
S. D. LINTON & CO., Per MEAD.
That on the 31st of January, 1854, plaintiffs…
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