Robinson v. Leatherbee Tie & Lumber Co.
Supreme Court of Georgia
Complaint. Before Judge Sparks. City court of Brunswick. November 12, 1903. The suit was for $122.91, alleged to be a balance due on a certain shipment of cross-ties.
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Complaint. Before Judge Sparks. City court of Brunswick. November 12, 1903. The suit was for $122.91, alleged to be a balance due on a certain shipment of cross-ties. The petition alleged, that the defendant company bought the ties from the plaintiff “ at a certain price per tie;” that the number sold and delivered was 1227, the measurements and prices of which were as follows: 947 ties, 7x9x8, at 42 cents per tie; 280 ties, 6x9x8, at 40 cents per tie; making the total price $499.74, from which should be deducted the freight, $115.50, and a payment of $261.33; that “by reason of the shipment,…
1Opinion of the CourtCandj.ee, J.
1. A merchant who, by means of circulars and advertisements, ' solicits generally the shipment to him of goods at a stated price is under an implied contract to pay that price to one who, acting upon such solicitation, ships goods to him which are accepted; and the shipper may recover, at least upon a quantum valebat, for the goods proved to have been shipped and received in accordance with the circulars so sent out.
2. Under the circumstances detailed in the foregoing headnote, the plaintiff, ' according to the evidence in his behalf, shipped the defendant a quantity of cross-ties. The…
2Cited by8 opinions
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- Redmond & Co. v. Atlanta & Birmingham Air-Line RailwaySupreme Court of Georgia · 1907
- Bass Dry Goods Co. v. Roberts Coal Co.Court of Appeals of Georgia · 1908
- Seattle, Renton & Southern Railway Co. v. Seattle-Tacoma Power Co.Washington Supreme Court · 1911
- Sherman v. Pacific Coast Pipe Co.Supreme Court of Oklahoma · 1916
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