Sims v. Cox
Supreme Court of Georgia
Stipulated damages. Guarantee. Evidence. Before Judge Andrews. Oglethorpe Superior Court. October Term, 1869. Cox sued Sims upon the following obligation: “On or before the first day of February, 1869, I promise to deliver to S. H. Cox, at the Lexington depot, twenty bales of cotton, for value received, said cotton is to average in weight four hundred pounds per bale and to be of middling quality.
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Stipulated damages. Guarantee. Evidence. Before Judge Andrews. Oglethorpe Superior Court. October Term, 1869. Cox sued Sims upon the following obligation: “On or before the first day of February, 1869, I promise to deliver to S. H. Cox, at the Lexington depot, twenty bales of cotton, for value received, said cotton is to average in weight four hundred pounds per bale and to be of middling quality. I guarantee that said cotton shall be worth to him sixteen and a half cents per pound, in the common currency of the country; this the 2nd of March, 1868. James S. Sims.” Plaintiff read in evidence…
1Opinion of the CourtBrown, C. J.
By the first contract between the parties to this cash, Sims agreed to purchase a plantation, with the stock, etc., upon it, from Cox, for one hundred bales of middling cotton, averaging four hundred pounds each; to be delivered at the Lexington depot, by the 1st day of February, 1867, and one hundred bales, averaging four hundred pounds each, by the 1st day of February, 1868, or so soon as it could be put in good merchantable style for market, with interest on ten thousand dollars, for twelve months, in the currency of the country. And, in case of the first hundred bales, it is said in the…
2Cited by4 opinions
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