Legal Opinion

Marks & Powell v. Talmadge's Sons & Co.

Court of Appeals of Georgia

Decided January 24, 1911No. 2602PublishedCited by 18 opinions

Complaint; from city court of • Richmond county — Judge Eve. March 18, 1910.

1Opinion of the CourtPowell, J.

Talmadge’s Sons & Co. brought suit against Marks & Powell for the purchase price of a shipment of rice. The original petition was a simple suit on account, for the price of the goods sold. The amount involved was more than $50. The defendants demurred to the petition on several grounds, but chiefly on the ground that the contract for the purchase price of the rice did not appear to have been evidenced in writing or otherwise taken out of the operation of the statute of frauds. The plaintiffs voluntarily amended by setting up that while the order for the rice was given orally to their broker…

2Cases cited5 opinions

  1. Capital City Brick Co. v. Atlanta Ice & Coal Co.Court of Appeals of Georgia · 1909
  2. Tift v. Wight & Weslosky Co.Supreme Court of Georgia · 1901
  3. Denmead v. GlassSupreme Court of Georgia · 1860
  4. Castlen v. MarshburnCourt of Appeals of Georgia · 1910
  5. Miller v. SmithCourt of Appeals of Georgia · 1909

3Cited by18 opinions

  1. Bentley v. JohnsCourt of Appeals of Georgia · 1917
  2. Kinney v. KinneyCourt of Appeals of Georgia · 1917
  3. Taylor v. CuretonSupreme Court of Georgia · 1943
  4. Marston v. Downing Co.Court of Appeals for the Fifth Circuit · 1934
  5. Williams & Meadows v. JohnsonCourt of Appeals of Georgia · 1911

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API