Coweta Falls Manufacturing Co. v. Rogers
Supreme Court of Georgia
Complaint, in Muscogee Superior Court. Tried before Judge Worrill, and motion for a new trial. Decided by Judge WorrilIi, June Term, 1855. Curran Rogers brought suit against the Coweta Falls Manufacturing Company, for damages caused by their failure to-comply with a contract to repair certain machinery belong-, ing to the plaintiff. *The contract was, that the machinery was to be repaired as soon as it could be done, or by 1st July,. 1851, except two spinning frames, which…
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Complaint, in Muscogee Superior Court. Tried before Judge Worrill, and motion for a new trial. Decided by Judge WorrilIi, June Term, 1855. Curran Rogers brought suit against the Coweta Falls Manufacturing Company, for damages caused by their failure to-comply with a contract to repair certain machinery belong-, ing to the plaintiff. *The contract was, that the machinery was to be repaired as soon as it could be done, or by 1st July,. 1851, except two spinning frames, which were to be finished by 1st September, 1851. The work could have been completed by 1st July, 1851. The agent, Crockett,…
1Opinion of the Court
*419 By the Court.
Lumpkin, J.
delivering the opinion.
We cannot doubt the'propriety of remanding this cause for a re-hearing. We propose to glance, cursorily, at the prominent points made by the bill of exceptions.
[1.] All the material portion of the machinery was repaired and carried home by the owner; two spinning frames, ■only, being left unfinished. The value of the machinery thus repaired and received bach, if the testimony of the witnesses is to be credited, made the cotton factory to which it belonged, worth to its owner, §12 40 per day net pofits. The propelling machinery was not dependent,…
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