Loyd & Pulliam v. Wight, Griffeth & Co.
Supreme Court of Georgia
Complaint, from Pulton Superior Court. Tried before .Judge Bull, April Term, 1856. This was an action of complaint brought by the defendants in error against the plaintiffs in error, for the recovery of §120 for a lot of cigars, alleged to have been sold and delivered by them to the defendants in the Court below. The defendants pleaded the general issue and the Statute of Frauds.
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Complaint, from Pulton Superior Court. Tried before .Judge Bull, April Term, 1856. This was an action of complaint brought by the defendants in error against the plaintiffs in error, for the recovery of §120 for a lot of cigars, alleged to have been sold and delivered by them to the defendants in the Court below. The defendants pleaded the general issue and the Statute of Frauds. It appeared in evidence that in January, 185-, the defendants gave the plaintiffs a verbal order, in the city of Atlanta, to send them from Baltimore a lot of cigars. The cigars were accordingly, in February…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion..
[1.] The charge of the Court seems to amount to this r That if A, of one place, order goods fromB, of another place, and say nothing as to the mode of their delivery, and B deliver the goods to a common carrier to be carried to A, he, in law, delivers the goods to A himself; and if they are lost by the, carriers, he can make A pay for them.
Amounting to this, was the charge right ?
We think not. We think that such a delivery did not amount to a delivery to the purchaser. “ The traveller of' M, a tradesman residing in London, verbally ordered goods…
2Cited by9 opinions
- Brunswick Grocery Co. v. LamarSupreme Court of Georgia · 1902
- Cable Co. v. HancockCourt of Appeals of Georgia · 1907
- Denmead v. GlassSupreme Court of Georgia · 1860
- Hausman v. NyeIndiana Supreme Court · 1878
- Lloyd & Pulliam v. Wright, Griffith & Co.Supreme Court of Georgia · 1858
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