Shores-Mueller Co. v. Bell
Court of Appeals of Georgia
Complaint; from Gordon superior court — Judge Fite. December 11, 1916. On or about June 14, 1910, the plaintiff, Shores-Mueller Com-' pany, entered into an agreement with A. J. Bell as principal, and P. C. Bell, J. H. Littlefield, and W. A. Tate as guarantors, whereby it was agreed that the plaintiff was to furnish to the principal such medicines, extracts, spices, and other goods as he. might from time to -time order; the principal agreeing to pay for such articles, and…
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Complaint; from Gordon superior court — Judge Fite. December 11, 1916. On or about June 14, 1910, the plaintiff, Shores-Mueller Com-' pany, entered into an agreement with A. J. Bell as principal, and P. C. Bell, J. H. Littlefield, and W. A. Tate as guarantors, whereby it was agreed that the plaintiff was to furnish to the principal such medicines, extracts, spices, and other goods as he. might from time to -time order; the principal agreeing to pay for such articles, and having the right, under the agreement, “to pay his said account by remitting in cash each week to the company an amount…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.)
1. We think the demurrer to the defendants’ answer was properly overruled. An “account stated” is an agreement by which parties who have had previous transactions fix the amount due in respect thereto, and promise payment. Moore v. Hendrix, 144 Ga. 646, 648 (87 S. E. 915); Borders v. Gay, 6 Ga. App. 734 (65 S. E. 788). While-the'quoted letter to the plaintiff from the defendant principal, A. J. Bell, certainly undertakes to fix the amount due in respect to the items of their previous transactions, it lacks one of the necessary requirements in order to…
2Cases cited9 opinions
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- American Car Co. v. Atlanta Street Railway Co.Supreme Court of Georgia · 1897
- Moore v. Hendrix & HodgesSupreme Court of Georgia · 1916
- Harder v. CarterSupreme Court of Georgia · 1895
- Ward v. Stewart & WardSupreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lawson v. Dixie Feed & Seed Co.Court of Appeals of Georgia · 1965
- Georgia Granite Corp. v. Union Granite Co.Court of Appeals of Georgia · 1923
- Murray v. LightseyCourt of Appeals of Georgia · 1938
- Kilgore v. Gulf Oil CorporationCourt of Appeals of Georgia · 1960
- Heyward v. RamseyCourt of Appeals of Georgia · 1923
4 more not listed; retrieve them via the Exa API.