David F. v. Southwestern Railroad
Supreme Court of Georgia
*Statute of Frauds. Damages. New Trial. Before Judge Harrell. Randolph Superior Court. May Term, 187'0. This case was before this Court before; See 37 Georgia.
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*Statute of Frauds. Damages. New Trial. Before Judge Harrell. Randolph Superior Court. May Term, 187'0. This case was before this Court before; See 37 Georgia. Reports, 26. Plaintiffs had amended their declarations by charging in one count that the forty thousand cross-ties were to be furnished at twenty-five cents each, and in another that they were to be furnished at the price then usual, and delivered between Dawson in said county, and Wall’s Station in Randolph, on the line of said Railroad. At May Term, 1867, of the Court, defendant’s counsel had pleaded the general issue, and that the…
1Opinion of the CourtWarner, J.
The error assigned to the judgment of the Court below, is the granting a new trial on the grounds stated in the motion therefor. The defendant appeared in Court and' .pleaded to the merits of the action without pleading to the jurisdiction of the Court, and without excepting thereto, and thereby admitted the jurisdiction of the Court of Randolph county in which the suit was instituted: Code, 3409. The defendant pleaded the statute of frauds in bar of the plaintiffs’ right to recover. By the 1940th section of the Code, it is declared that “any contract for the sale of goods, wares, and…
2Cited by9 opinions
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Atlantic Coast Line Railroad v. HarrisCourt of Appeals of Georgia · 1907
- King Bros. v. Perfection Block Machine Co.Supreme Court of Kansas · 1910
- McGahee v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1900
- Murphey v. Northeastern Construction Co.Court of Appeals of Georgia · 1924
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