Battle v. Smith
Court of Appeals of Georgia
Action on contract; from Taliaferro superior court — Judge Shurley. July 15, 1921. Application for certiorari was made to the Supreme Court.
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Action on contract; from Taliaferro superior court — Judge Shurley. July 15, 1921. Application for certiorari was made to the Supreme Court. Smith sued Battle, alleging: “ 2. That defendant is indebted to plaintiff in the sum of $8,000.00, besides interest on said sum at the rate of 7 % per annum since March 31, 1921, by reason of the facts hereinafter set out. 3. That on July 12, 1920, plaintiff and defendant entered into a .contract whereby plaintiff sold to defendant and defendant bought from plaintiff 250 tons of nitrate at and for the agreed price of $4.20 per hundred pounds, a copy of…
1Opinion of the CourtBloodworth, J.
(After stating the foregoing facts.) The court did not err in overruling the demurrers to the petition as amended, because:(a) A cause of action is set out in the petition.(b) A breach of the contract by the defendant is alleged with sufficient clearness.(c) The contract is not “so'vague, indefinite, and uncertain in all of its terms and conditions respecting the obligations it attempts to impose upon the respective parties thereto that it is alone incapable of constituting the basis of any action for damages for any alleged breach thereof by either party thereto.”(d) The contract is not “…
Also in this document: Concurrence.
2Cases cited1 opinion
- Slater v. Savannah Sugar Refining Corp.Court of Appeals of Georgia · 1922
3Cited by2 opinions
- Palmer-Murphey Co. v. Kimbrough-Veazey Co.Court of Appeals of Georgia · 1923
- Foy v. LambertCourt of Appeals of Georgia · 1939