Gaulding v. Baker
Court of Appeals of Georgia
Action on contract; from city court of Nashville — Judge Buie. June term, 1910. The petition of J. G. Gaulding alleges'that, as a buyer and seller of cotton, he made a contract with Harmon C. Baker, the defendant, by which the latter contracted and sold to him 65 bales of cotton, of the average weight of 500 pounds per bale.
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Action on contract; from city court of Nashville — Judge Buie. June term, 1910. The petition of J. G. Gaulding alleges'that, as a buyer and seller of cotton, he made a contract with Harmon C. Baker, the defendant, by which the latter contracted and sold to him 65 bales of cotton, of the average weight of 500 pounds per bale. The contract is made the basis of the action and the plaintiff seeks to recover $1,452 as the difference between the contract price of the cotton and its market value at the time fixed by the contract for its delivery. The contract (a copy of which is attached to the…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.) The mistake in the contract was manifestly a lapsus pennae, and no reformation of the contract was necessary. In Thompson v. Hall, 67 Ga. 630, it is held: “Any mistake consisting of some unintentional act, or omission, or error, is relievable in equity, and also now at law. We scarcely regard this an open question in this court.” A suit was brought by Hall & Long on a bond which was on its face payable to Hull & Long instead of to Hall & Long, and it is said in the opinion that “the mistake in making the bond sued on payable to Hull & Long instead of to…
2Cases cited6 opinions
- Erwin v. HarrisSupreme Court of Georgia · 1891
- Atlanta & West Point Railroad v. SpeerSupreme Court of Georgia · 1861
- Thompson v. Hall & LongSupreme Court of Georgia · 1881
- Shaver v. McLendonSupreme Court of Georgia · 1858
- McCrary v. CaskeySupreme Court of Georgia · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Andrews v. SkinnerCourt of Appeals of Georgia · 1981
- Alan I. Begner, Cory Begner v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
- Benedict v. SneadSupreme Court of Georgia · 1999
- Tillman v. Webb & Co.Court of Appeals of Georgia · 1916
- Garner v. Metropolitan Life Insurance CompanyCourt of Appeals of Georgia · 1979
9 more not listed; retrieve them via the Exa API.