Walnut Creek Milling Co. v. Smith Brothers Co.
Supreme Court of Georgia
1Opinion of the CourtAtkinson, J.
The first question propounded by the Court of Appeals follows: “Where a contract for the purchase and sale of a specified quantity of flour, described and identified only by the trade-name or brand of ‘Snoflour,’ was entered upon in writing, is such a contract ambiguous to the extent that in a suit thereon the vendee will be permitted to show that according to the understanding between the parties, not expressed in the writing, the term ‘Snoflour’ contemplated a grade of flour equal in all respects to another brand of flour known as the ‘Elberta’ brand, with which the vendee was familiar? See…
2Cases cited13 opinions
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Pryor v. Ludden & Bates Southern Music HouseSupreme Court of Georgia · 1910
- Bond & Maxwell v. PerrinSupreme Court of Georgia · 1916
- Miller & Co. v. Moore, Sims & Co.Supreme Court of Georgia · 1889
- Americus Grocery Co. v. Brackett & Co.Supreme Court of Georgia · 1904
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3Cited by3 opinions
- Dorsey v. ClementsSupreme Court of Georgia · 1947
- Dorsey v. ClementsCourt of Appeals of Georgia · 1947
- Walnut Creek Milling Co. v. Smith Bros.Court of Appeals of Georgia · 1934