Saluda Wholesale & Warehouse Co. v. Rooney & Co.
Court of Appeals of Georgia
Action on contract; from Chatham superior court—Judge Meldrim. July 19, 1918. Application for certiorari to review this decision was denied by the Supreme Court. The Saluda Wholesale & Warehouse Company, a corporation of South Carolina, sued J. M. Y. Eooney & Company, of Savannah, Georgia, for damages on account of alleged breach, of contract for the sale of nitrate of soda by the defendant to the plaintiff. The trial of the case resulted in a verdict for the defendant.
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Action on contract; from Chatham superior court—Judge Meldrim. July 19, 1918. Application for certiorari to review this decision was denied by the Supreme Court. The Saluda Wholesale & Warehouse Company, a corporation of South Carolina, sued J. M. Y. Eooney & Company, of Savannah, Georgia, for damages on account of alleged breach, of contract for the sale of nitrate of soda by the defendant to the plaintiff. The trial of the case resulted in a verdict for the defendant. The plaintiff excepted to the overruling of its motion for a new trial, and to the refusal to strike a certain paragraph of…
1Opinion of the CourtLuke, J.
1. A contraít may be closed by a letter or telegram and become binding, but if it is claimed that a seller has become bound by an acceptance of his offer by the buyer, it must appear that the offer was accepted unconditionally and without variance. And where such buyer is buying and the seller is selling in the market of a particular trade or business, as in this case, both seller and buyer are bound by a universal custom applicable to that trade or business, unless the contract stipulates to the contrary or there is an agreement that the contract is made AA'ithout regard to such custom. See…
2Cases cited2 opinions
- Phinizy v. BushSupreme Court of Georgia · 1907
- Louisiana Red Cypress Co. v. Gilmore & Co.Court of Appeals of Georgia · 1913
3Cited by2 opinions
- Dunn v. FreemanCourt of Appeals of Georgia · 1919
- Rich-Garrison Motor Co. v. HicksCourt of Appeals of Georgia · 1931