Diamond Power Specialty Co. v. City of West Point
Court of Appeals of Georgia
Complaint; from city court of LaGrange — Judge Harwell. June 11, 1911.
1Opinion of the CourtRussell, J.
The court erred in directing a verdict for the defendant. There is a remarkable similarity between the defense in this case, as well as the evidence in support of it, and the defense and the facts appearing in the case of City of Conyers v. Kirk, 78 Ga. 483 (3 S. E. 443). When the facts and the law of that case were analyzed by Chief Justice Bleckley, he summarized the de*534fense (as it must be construed in this case), to be twofold: (1) that no purchase was made; and (2) that if it was made, there was a breach by the plaintiff and a failure of consideration; and he held that, even if a city can…
2Cases cited1 opinion
- City of Conyers v. Kirk & Co.Supreme Court of Georgia · 1887
3Cited by8 opinions
- City of Jeffersonville v. Cotton States Belting & Supply Co.Court of Appeals of Georgia · 1923
- Ocilla Southern Railroad v. MortonCourt of Appeals of Georgia · 1913
- Wilson v. StrangeSupreme Court of Georgia · 1975
- Town of Whigham v. Gulf Refining Co.Court of Appeals of Georgia · 1917
- West Virginia Coal Co. v. City of St. LouisSupreme Court of Missouri · 1930
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