DeLoach Mill Manufacturing Co. v. Standard Sawmill Co.
Supreme Court of Georgia
Attachment. Before Judge Mitchell. Colquitt superior court. April 11, 1905. . The DeLoach Mill Manufacturing Company sued out an attachment against the Standard Sawmill Company for $174.62, the purchase-price of certain machinery.
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Attachment. Before Judge Mitchell. Colquitt superior court. April 11, 1905. . The DeLoach Mill Manufacturing Company sued out an attachment against the Standard Sawmill Company for $174.62, the purchase-price of certain machinery. The defendant in its answer admitted the purchase of the machinery, but alleged, that it was inferior in quality, did not come up to the representations made by petitioner, and broke in operation, thus causing a delay of four or five days in the work of defendant’s mill, which damaged defendant in the sqm of $625, and compelled defendant to send a man to Macon to…
1Opinion of the CourtCobb, P. J.
(After stating the foregoing facts.) 1. In Brantley v. Dempsey, 24 Ga. 341, it was held that “It is too late to object that a set-off can not be pleaded in a suit for unliquidated damages, after there has been a trial and verdict on such plea. It ought to have been made at the trial.” This ruling was approved in Kelly v. Strouse, 116 Ga. 890. It was there said: “There is nothing said in Crew v. Hutcheson [115 Ga. 524] which conflicts with the ruling in Brantley v. Dempsey. . . In that case it was held *379that it was too late after verdict to raise the objection that a plea of set-off was not…
2Cases cited5 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Crew v. HutchesonSupreme Court of Georgia · 1902
- McNabb v. Lockhart & ThomasSupreme Court of Georgia · 1855
- Bates v. BigbySupreme Court of Georgia · 1905
- Brantley v. DempseySupreme Court of Georgia · 1858
3Cited by8 opinions
- Fain v. WilkersonCourt of Appeals of Georgia · 1918
- Baker v. DavisSupreme Court of Georgia · 1907
- Parker Motor Co. v. SpiegalCourt of Appeals of Georgia · 1925
- Ford & Co. v. Atlantic Compress Co.Supreme Court of Georgia · 1912
- Chelsea Corporation v. StewardCourt of Appeals of Georgia · 1950
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