Huggins v. Southeastern Lime & Cement Co.
Supreme Court of Georgia
Complaint. Before Judge Cobb. City court of Athens. February 18, 1904. The Southeastern Lime & Cement Company sued Huggins, doing .business under tbe name of J. H. Huggins & Son, on an open account for cement -alleged to have been bought of plaintiff, on an accepted draft, and on a promissory note. The defendant admitted the correctness of the account, and the execution of the draft and note.
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Complaint. Before Judge Cobb. City court of Athens. February 18, 1904. The Southeastern Lime & Cement Company sued Huggins, doing .business under tbe name of J. H. Huggins & Son, on an open account for cement -alleged to have been bought of plaintiff, on an accepted draft, and on a promissory note. The defendant admitted the correctness of the account, and the execution of the draft and note. By way of counter-claim he alleged that he had been damaged in a given sum, by reason of the breach by the plaintiff of a contract of which the following is a copy: “ Athens, Ga., Feb. 4th, 1902. This…
1Opinion of the CourtCobb, J.
1. The bill of exceptions recites that the plea was stricken upon the ground that the contract set forth therein was unilateral, but the order sustaining the demurrer does not state upon what ground the demurrer was sustained. If the plea was properly stricken for any reason set forth in the demurrer, the judgment will be affirmed.
2-4. The contract was clearly unilateral. While it contained an agreement on the part of the Cement Company to furnish cement, there was nothing in the contract which amounted to an obligation on the part of Huggins to purchase cement in any stated or otherwise…
2Cases cited3 opinions
- McCaw Manufacturing Co. v. Felder & RountreeSupreme Court of Georgia · 1902
- Harrison & Garrett v. Wilson Lumber Co.Supreme Court of Georgia · 1903
- Wappoo Mills v. Commercial Guano Co.Supreme Court of Georgia · 1893
3Cited by35 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Hayes v. City of AtlantaCourt of Appeals of Georgia · 1907
- Cooley v. MossSupreme Court of Georgia · 1905
- DeKalb County v. Georgia Paperstock Co.Supreme Court of Georgia · 1970
- Pepsi-Cola Co. v. WrightSupreme Court of Georgia · 1939
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