Mendel v. Miller & Sons
Supreme Court of Georgia
Action on contract. Before Judge Cann. Chatham superior court. October 18, 1905. Miller & Sons sued Mendel, alleging, that on February 4, 1904, the defendant gave to the plaintiffs, through their agent at Savannah, Gfa., an order for one car-load of No. 2 white corn in sacks, and on February 18, 1904, the plaintiffs shipped the corn to the defendant, charging therefor' $369, and the corn arrived in Savannah on February 23, 1904. It was shipped “order notify Jonas Mendel.”
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Action on contract. Before Judge Cann. Chatham superior court. October 18, 1905. Miller & Sons sued Mendel, alleging, that on February 4, 1904, the defendant gave to the plaintiffs, through their agent at Savannah, Gfa., an order for one car-load of No. 2 white corn in sacks, and on February 18, 1904, the plaintiffs shipped the corn to the defendant, charging therefor' $369, and the corn arrived in Savannah on February 23, 1904. It was shipped “order notify Jonas Mendel.” A draft for the purchase-money was attached to the bill of lading. The effect of this was to make the purchase-money…
1Opinion of the CourtAtkinson, J.
(After stating the facts.) 1. When one sells goods to another and the vendee refuses to take and pay for the *837same, the vendor has three remedies. He may retain the goods and recover the difference between the contract price and the market price at the time and place of delivery. He may sell the property, acting for this purpose as the agent of the vendee, and recover the difference between the contract price and the price of resale. Or he may store and retain the goods for the vendee and sue for the entire price. Civil Code, § 3551. If the vendor elects to take the second remedy and resell,…
2Cases cited3 opinions
- Davis Sulphur Ore Co. v. Atlanta Guano Co.Supreme Court of Georgia · 1900
- McCord & Son v. Laidley & Co.Supreme Court of Georgia · 1891
- Seaboard Lumber Co. v. Cornelia Planing Mill Co.Supreme Court of Georgia · 1905
3Cited by20 opinions
- Carolina Portland Cement Co. v. Columbia Improvement Co.Court of Appeals of Georgia · 1908
- Mendel v. Miller & SonsSupreme Court of Georgia · 1910
- Hardwood Lumber Co. v. Adam & SteinbruggeSupreme Court of Georgia · 1910
- Call v. LinnOregon Supreme Court · 1924
- Castlen v. MarshburnCourt of Appeals of Georgia · 1910
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