White Lumber Sales, Inc. v. C. BRINSON LAMB & SONS LUMBER COMPANY, INC.
Court of Appeals of Georgia
1Opinion of the Court
Hall, Presiding Judge.
Plaintiff contends the contract was made, according to the usage of the lumber trade, by telephone; that the parties had engaged in a similar course of dealing previously; that defendant never denied the contract within a reasonable time; that breach was clearly proved; and that the jury was unauthorized to return a verdict for defendant.
Code Ann. § 109A-1—205, cited by plaintiff, recognizes course of dealing and usage of trade. But for what purpose? To “(3) . . . give particular meaning to and supplement or qualify terms of an agreement.” In other words, there must…
2Cases cited1 opinion
- Newark Fire Insurance v. SmithSupreme Court of Georgia · 1932
3Cited by5 opinions
- Flowers Baking Co. v. R-P Packaging, Inc.Supreme Court of Virginia · 1985
- White & Associates, Inc. v. Decker & Hallman, P.C.Court of Appeals of Georgia · 1992
- Trebor Corp. v. Nutmeg Industries, Inc.Court of Appeals of Georgia · 1993
- Georgia Casulaty & Surety Co. v. Tennille Banking Co. (In Re Smith)United States Bankruptcy Court, M.D. Georgia · 1985
- Simmons v. McBrideCourt of Appeals of Georgia · 1997