Carter v. American Slicing Machine Co.
Court of Appeals of Georgia
Trover; from the city court of Carrollton—Judge Beall. February 26, 1918. The defendant pleaded failure of consideration, alleging facts to which he testified on the triah The plaintiff introduced in evidence the contract under which the machine involved in the suit had been delivered to the defendant, and admitted that the defendant had paid $30 on it.
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Trover; from the city court of Carrollton—Judge Beall. February 26, 1918. The defendant pleaded failure of consideration, alleging facts to which he testified on the triah The plaintiff introduced in evidence the contract under which the machine involved in the suit had been delivered to the defendant, and admitted that the defendant had paid $30 on it. The contract price was $135, payable in installments, all of which were to become due on failure to pay any part of the agreed sum when due; and the contract contained provisions as follows: “The American Slicing Machine Company guarantees the…
1Opinion of the CourtBloodworth, J.
The American Slicing Machine Company sold to Y. L. Carter a slicing machine and retained title thereto. The terms of the sale were $10 cash, 12 monthly payments of $10 each, and a final payment of .$5 within 13 months. After making three payments of $10 each Carter refused to pay more, claiming that the machine was “not any good to me at all.” The vendor brought an action of bail-trover. Carter filed pleas, and, among other things, alleged failure of consideration. On the trial, after all the evidence, including the contract, was in, the trial judge directed a verdict for $105, being the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Young v. DurhamCourt of Appeals of Georgia · 1915
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1911
- Lott v. BanksCourt of Appeals of Georgia · 1917
- Grant v. MillerSupreme Court of Georgia · 1899
- Elder v. Woodruff Hardware & Manufacturing Co.Court of Appeals of Georgia · 1915
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3Cited by10 opinions
- Securities Trust Co. v. MarshallCourt of Appeals of Georgia · 1923
- City of Jeffersonville v. Cotton States Belting & Supply Co.Court of Appeals of Georgia · 1923
- Hall v. SOUTHERN SALES COMPANYCourt of Appeals of Georgia · 1950
- Dasher v. International Harvester Co. of AmericaCourt of Appeals of Georgia · 1930
- Corona v. DeLaval Separator Co.Court of Appeals of Georgia · 1920
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