Caddick Milling Co. v. Moultrie Grocery Co.
Court of Appeals of Georgia
Action for breach of contract; from Colquitt superior court— Judge Thomas. November 24, 1917. The Caddick Milling Company contracted to sell to the Moultrie Grocery Company 500 barrels of flour.
Read the full summary
Action for breach of contract; from Colquitt superior court— Judge Thomas. November 24, 1917. The Caddick Milling Company contracted to sell to the Moultrie Grocery Company 500 barrels of flour. The contract was dated November 10, 1914, and the material part of it is as follows: “The Caddick Milling Company, Grandview, Indiana, sold to Moultrie Grocery Company, Moultrie, Ga., the following articles upon terms and conditions named below: Ship to Moultrie Grocery Company at Moultrie, Ga. Ship via -. ■' Date of .shipment Nov. and Dec. Terms sight draft. Net cash—arrival draft b-1 attached. Make…
1Opinion of the CourtHarwell, J.
(After stating the foregoing facts.) The main question in the instant ease arises upon the construction of the contract between the parties. Was the time of shipment limited to the months of November and December, or was it limited to ninety days from the date of the contract, ,to wit, November 10, 1914? If limited to the months of November and December, the plaintiff should have ordered out the flour during those months, and, having failed to do so, no right of action would lie in its favor.
The cardinal rule of construction of a contract is, of course, to give effect to the intention of the…
2Cases cited13 opinions
- Norrington v. WrightSupreme Court of the United States · 1885
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Simpson & Harper v. Sanders & JenkinsSupreme Court of Georgia · 1908
- King v. FaistMassachusetts Supreme Judicial Court · 1894
- Armistead v. McGuireSupreme Court of Georgia · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brown v. Homestake Exploration Co.Montana Supreme Court · 1934
- Capital Wall Paper Co. v. Callan Court Co.Court of Appeals of Georgia · 1928
- Romine, Inc. v. Savannah Steel Co., Inc.Court of Appeals of Georgia · 1968
- Albany Federal Savings & Loan Ass'n v. HendersonSupreme Court of Georgia · 1945
- Cadick Milling Co. v. Valdosta Grocery Co.Indiana Court of Appeals · 1920
7 more not listed; retrieve them via the Exa API.