Dunn v. Freeman
Court of Appeals of Georgia
Action on contract; from city court of Blakely—Judge Sheffield. January 20, 1919. W. P. Dunn sued Joseph Freeman for breach of a contract, alleging substantially that on or about December 24, 1917, the defendant agreed to sell to him, and he agreed to buy from the defendant, five car-loads of hay, a minimum of ten tons to the car, at the price of $15 per ton loaded on the cars at Blakely, Ga.; that the agreement was arrived at by correspondence, plaintiff receiving a letter…
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Action on contract; from city court of Blakely—Judge Sheffield. January 20, 1919. W. P. Dunn sued Joseph Freeman for breach of a contract, alleging substantially that on or about December 24, 1917, the defendant agreed to sell to him, and he agreed to buy from the defendant, five car-loads of hay, a minimum of ten tons to the car, at the price of $15 per ton loaded on the cars at Blakely, Ga.; that the agreement was arrived at by correspondence, plaintiff receiving a letter from the defendant as follows: “Blakely, Ga., Nov. 21, 1917. W. P. Dunn, Atlanta, Ga. I am sending you sample of hay…
1Opinion of the CourtJenkins, P. J.
1. The original petition showed a plaintiff and a defendant, and set out sufficient allegations to indicate and specify some particular fact or transaction as a cause of action. It was defective, if at all, only in that it omitted to sufficiently allege facts essential to raise the duty or obligation involved in the cause of action which the plaintiff evidently originally intended to declare upon, and was therefore amendable by -supplying the omitted facts. The trial court erred, therefore, in holding that there was not enough in the original petition to amend by, and in refusing to allow the…
2Cases cited9 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Phinizy v. BushSupreme Court of Georgia · 1907
- Alford v. DavisCourt of Appeals of Georgia · 1918
- Gray v. LynnSupreme Court of Georgia · 1913
- Davis v. Muscogee Manufacturing Co.Supreme Court of Georgia · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Gay v. HealanCourt of Appeals of Georgia · 1953
- Mull v. Emory University, Inc.Court of Appeals of Georgia · 1966
- Wolf v. ArantCourt of Appeals of Georgia · 1953
- Atlanta & West Point Railroad v. McDonaldCourt of Appeals of Georgia · 1953
- Turner v. PlottelCourt of Appeals of Georgia · 1932
6 more not listed; retrieve them via the Exa API.