Legal Opinion

White Lumber Sales, Inc. v. C. BRINSON LAMB & SONS LUMBER COMPANY, INC.

Court of Appeals of Georgia

Decided April 24, 1970No. 45273PublishedCited by 5 opinions

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

  1. Newark Fire Insurance v. SmithSupreme Court of Georgia · 1932

3Cited by5 opinions

  1. Flowers Baking Co. v. R-P Packaging, Inc.Supreme Court of Virginia · 1985
  2. White & Associates, Inc. v. Decker & Hallman, P.C.Court of Appeals of Georgia · 1992
  3. Trebor Corp. v. Nutmeg Industries, Inc.Court of Appeals of Georgia · 1993
  4. Georgia Casulaty & Surety Co. v. Tennille Banking Co. (In Re Smith)United States Bankruptcy Court, M.D. Georgia · 1985
  5. Simmons v. McBrideCourt of Appeals of Georgia · 1997

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