Kennesaw Guano Co. v. Miles & Co.
Supreme Court of Georgia
Complaint. Before Judge Roan. DeKaib superior court. April 25, 1908. Edward O. Miles & Company brought suit against the Kennesaw Guano Company for $888.05 principal, on an account for tankage delivered, as stated in an itemized account attached to the petition.
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Complaint. Before Judge Roan. DeKaib superior court. April 25, 1908. Edward O. Miles & Company brought suit against the Kennesaw Guano Company for $888.05 principal, on an account for tankage delivered, as stated in an itemized account attached to the petition. The defendant filed its answer, wherein it claimed damages against the plaintiffs because of their failure to deliver to the defendant the amount of tankage which they were under obligation to deliver under the contract between them. The defendant claimed that the plaintiffs were indebted to it the difference between the contract price…
1Opinion of the CourtHolden, J.
(After stating the foregoing facts.) Miles & Company brought suit against the Kennesaw Guano Company to recover the purchase-price of a quanity of tankage delivered to the defendant. The defendant filed an answer, setting up a failure on the part of the plaintiff to deliver the quantity of tankage guaranteed under a written contract between the parties (a copy of which appears in the statement of facts), whereby it was damaged in the amount of difference between the contract price and the market value of the deficiency in the amount delivered; and praying judgment accordingly. The court, to…
2Cases cited9 opinions
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- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Eaves & Collins v. Cherokee Iron Co.Supreme Court of Georgia · 1885
- Roberson v. SimonsSupreme Court of Georgia · 1899
- Provident Savings Life Assurance Society v. Georgia Industrial Co.Supreme Court of Georgia · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Tice Co. v. EvansCourt of Appeals of Georgia · 1924