Lloyd & Pulliam v. Wright, Griffith & Co.
Supreme Court of Georgia
Complaint, from Fulton county, tried before Judge Bull, October Term, 1857. An action was brought in the Court below by the defendants in error, against the plaintiffs in error, to recover 0120 upon an open account for cigars sold and delivered.
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Complaint, from Fulton county, tried before Judge Bull, October Term, 1857. An action was brought in the Court below by the defendants in error, against the plaintiffs in error, to recover 0120 upon an open account for cigars sold and delivered. To this action the defendants pleaded, that the contract to pay the $120 (if ever made) was obnoxious to the 17th section of the statute of frauds, no earnest to bind the contract having been given, nor part payment made or note or memorandum entered into. Upon the trial of this issue the plaintiffs offered in evidence, the testimony of Jacob H.…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
Under the proof, was this case within the 17th section of the statute of frauds ?
The statute requires that the purchaser should “ actually receive” the goods. And although goods are forwarded to him by a carrier by his direction, or delivered abroad on board of a ship chartered by him, still there is no actual acceptance *217to satisfy the act, so long as the buyer continues to have the right, either to object to the quantum at quality of the goods. Chitty on Contracts, 392 ; Story on Contracts, 381, 382, 383; Acebal vs. Levy, 10 Bingham, 376 ; How…
2Cases cited1 opinion
- Loyd & Pulliam v. Wight, Griffeth & Co.Supreme Court of Georgia · 1856
3Cited by9 opinions
- Daniel v. HannahSupreme Court of Georgia · 1898
- Cable Co. v. HancockCourt of Appeals of Georgia · 1907
- Webber v. HoweMichigan Supreme Court · 1877
- Hausman v. NyeIndiana Supreme Court · 1878
- Knowles v. Dayries Rice Co.Court of Appeals of Georgia · 1912
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