Augusta Factory v. Mente & Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Eve. Kichmond superior court. July 8, 1908. Mente & Company brought suit against the Augusta Factory to recover damages for a breach of contract, alleging, that the defendant had contracted to sell them certain cotton goods of two described characters, to be delivered at the rate of 25,000 yards of each, weekly, commencing February 1, 1906, at certain stipulated prices; that it had failed to comply with its contract, and that at…
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Action for breach of contract. Before Judge Eve. Kichmond superior court. July 8, 1908. Mente & Company brought suit against the Augusta Factory to recover damages for a breach of contract, alleging, that the defendant had contracted to sell them certain cotton goods of two described characters, to be delivered at the rate of 25,000 yards of each, weekly, commencing February 1, 1906, at certain stipulated prices; that it had failed to comply with its contract, and that at the time of the breach the market price at the point of delivery was higher than the price specified in thé contract,…
1Opinion of the CourtAtkinson, J.
One ground of the motion for new trial complained that the court erred in holding and finding, in effect, that the contract of sale was not modified, as to the time expressed in it for its completion, by the following words in red lines on the heads of the letters by which the contract was made: “All agreements are contingent upon strikes, accidents, and other delays beyond our control.” If a contract in writing is plain and clear and unambiguous in its terms, it is not subject to modification by a statement in a letter-head printed at the top of the paper, which is not incorporated into the…
2Cases cited10 opinions
- Sturm v. BokerSupreme Court of the United States · 1893
- Norrington v. WrightSupreme Court of the United States · 1885
- Cleveland Rolling Mill v. RhodesSupreme Court of the United States · 1887
- Summers v. Hibbard, Spencer, Bartlett & Co.Illinois Supreme Court · 1894
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
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3Cited by15 opinions
- Jackson v. Brinegar, Inc.Court of Appeals of Georgia · 1983
- The Belt Seed Co. v. Mitchelhill Seed Co.Missouri Court of Appeals · 1941
- New v. McMillanSupreme Court of Oklahoma · 1920
- Caddick Milling Co. v. Moultrie Grocery Co.Court of Appeals of Georgia · 1918
- Boswell v. United StatesCourt of Appeals for the Fifth Circuit · 1941
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