Barwick v. American Manufacturing Co.
Court of Appeals of Georgia
Attachment; from Thomas superior court — Judge W. E. Thomas. October 20, 1922^ Application for certiorari was made to the Supreme Court.
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Attachment; from Thomas superior court — Judge W. E. Thomas. October 20, 1922^ Application for certiorari was made to the Supreme Court. The plaintiff sues for the breach of an alleged contract, and in his petition as amended alleges: “On November 28th, 1916, your’ petitioner and said American Manufacturing Co. entered into a contract whereby said American Manufacturing Co. undertook to make, manufacture and deliver to your petitioner, or to such customers of your petitioner as he might direct, f. o. b. Chattanooga, Tenn., 100,000 weeding hoes, at and for the price of $2.50 per dozen, and…
1Opinion of the CourtStephens, J.
(After stating the foregoing facts.)
The writer concurs specially in the judgment of affirmance upon the additional ground that under the terms of the alleged contract the so-called sales agent is under no obligation to perform, and that therefore the alleged contract is lacking in mutuality and therefore void and unenforceable.
Judgment affirmed.
Jenlcins, P. J., and Bell, J., concur.
2Cited by3 opinions
- Beverly v. Observer Publishing CompanyCourt of Appeals of Georgia · 1953
- Strickland v. FlournoyCourt of Appeals of Georgia · 1957
- Dearing Leasing Co. v. Harmon, Inc.Court of Appeals of Georgia · 1963