Legal Opinion

De Loach v. Hardee's Son & Co.

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 1 opinion

Evidence. Contracts. Before Judge Fleming. Bulloch Superior Court. April Term, 1879. To the report contained in Ihe opinion it is only necessary to add the following: A witness for defendant, Dr. Lane, testified as follows: “Am a physician and chemist, and competent to make chemical analysis. I analyzed the sample of fertilizer brought to me by defendant, of which he has spoken.

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Evidence. Contracts. Before Judge Fleming. Bulloch Superior Court. April Term, 1879. To the report contained in Ihe opinion it is only necessary to add the following: A witness for defendant, Dr. Lane, testified as follows: “Am a physician and chemist, and competent to make chemical analysis. I analyzed the sample of fertilizer brought to me by defendant, of which he has spoken. Subjected it to chemical tests to find out principally the portion of insoluble matter in it, and to find out the presence of the usual fertilizing ingredients of the fertilizer. The test was perfect for discovering…

1Opinion of the Court

Jackson, Justice.

This action is based upon a contract to pay $143.50 for a certain quantity of Sea Fowl Guano. The jury found for the plaintiffs, much of defendant’s testimony having been ruled out by the court. lie moved for a new trial on the ground that it was so ruled out, and also on the ground of newly discovered evidence. The motion was overruled, and the defendant excepted.

I. The contract contained the following stipulation: “ Which said note is given for 4,100 pounds of fertilizer known as the Sea Fowi Guano, valued at $143.50, which I buy and accept from N. A. Hardee’s Son & Co.,…

2Cases cited2 opinions

  1. Wilcox, Gibbs & Co. v. HallSupreme Court of Georgia · 1875
  2. Wilcox, Gibbs & Co. v. HowardSupreme Court of Georgia · 1874

3Cited by1 opinion

  1. Hamlin v. Rogers, Worsham & Co.Supreme Court of Georgia · 1887

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