Lewis v. Lofley
Supreme Court of Georgia
Injunction. Sales. Before Judge Crisp. Macon county. At Chambers. John F. & E. B. Lewis filed their bill against S. T. & W. J. Lofley as administrators of James R. Burnam, deceased, making, in brief, this case : In the year 1877, complainants advanced to James R. Burnam who, while in life, was a farmer, $1,M6.90. Burnam died on the 20th August, 1877. At the time of his death his crop of that year had matured and was ready for harvest and market.
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Injunction. Sales. Before Judge Crisp. Macon county. At Chambers. John F. & E. B. Lewis filed their bill against S. T. & W. J. Lofley as administrators of James R. Burnam, deceased, making, in brief, this case : In the year 1877, complainants advanced to James R. Burnam who, while in life, was a farmer, $1,M6.90. Burnam died on the 20th August, 1877. At the time of his death his crop of that year had matured and was ready for harvest and market. Shortly after his death defendants administered on his estate, and took possession of all of his property, except the year’s support for his widow.…
1Opinion of the Court
Bleckley, Judge.
The contract of sale was executory, (6 Ga., 554), and the planter did not live to complete it. Delivery was to be made at a certain warehouse, but not a bale — not even a pound, was delivered. No specific quantity or price was agreed upon. The only stipulation as to these was, that the value of the cotton delivered was to be equal to the amount of advances which the banker might furnish with which to make the crop. Doubtless, the parties contemplated whatever market price similar cotton might bear at the place of delivery, at the time when delivery was to take place. But even…
2Cases cited5 opinions
- Cason v. Thomas Cheely & Co.Supreme Court of Georgia · 1849
- Moody v. EllerbieSupreme Court of Georgia · 1867
- Bowers v. AndersonSupreme Court of Georgia · 1872
- Womack v. GreenwoodSupreme Court of Georgia · 1849
- Thomason v. PoullainSupreme Court of Georgia · 1875
3Cited by2 opinions
- Machesky v. City of MilwaukeeWisconsin Supreme Court · 1934
- Beck & Gregg Hardware Co. v. Hale Hardware Co.Court of Appeals of Georgia · 1923