Legal Opinion

Southern Coal & Coke Co. v. Randall

Supreme Court of Georgia

Decided November 15, 1913PublishedCited by 7 opinions

Complaint. Before Judge Pendleton. Fulton superior court. October 4, 1912. The Southern Lime Manufacturing Company, hereinafter referred to as the Lime Company, was a corporation of Polk county, Georgia. Randall, the defendant, was a stockholder and the president of that corporation. The Southern Coal and Coke Company, hereinafter called the Coal Company, had been shipping coal to the Lime Company, and had 'a claim against it for unpaid bills.

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Complaint. Before Judge Pendleton. Fulton superior court. October 4, 1912. The Southern Lime Manufacturing Company, hereinafter referred to as the Lime Company, was a corporation of Polk county, Georgia. Randall, the defendant, was a stockholder and the president of that corporation. The Southern Coal and Coke Company, hereinafter called the Coal Company, had been shipping coal to the Lime Company, and had 'a claim against it for unpaid bills. Pratt, a representative of the Coal Company came to Atlanta to make .collection of the claim, and requested payment of Randall, who made certain…

1Opinion of the CourtBeck, J.

(After stating the facts.) It is clear from the testimony that the substance of Randall’s undertaking or promise upon which the plaintiff bases the claim of a right to recover against him individually is embodied in the words, “If you will continue to make us shipments, so that we can operate the plant and fill some orders that we have got and get the thing in a little better shape, you will not lose any money by it. I will guarantee the payment of the account myself.” The words “us” and “we,” as used in this agreement, meant, evidently, the corporation in which Randall was a stockholder and…

2Cited by7 opinions

  1. Ross v. W. P. Stephens Lumber Co.Court of Appeals of Georgia · 1976
  2. Goodlett v. Ray Label Corp.Court of Appeals of Georgia · 1984
  3. Chastain-Roberts Co. v. Better Brands, Inc.Court of Appeals of Georgia · 1977
  4. Howard, Weil, Labouisse, Fredericks, Inc. v. AbercrombieCourt of Appeals of Georgia · 1976
  5. Green v. W. A. Lathem & SonsCourt of Appeals of Georgia · 1952

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