Dunaway v. Colt Co.
Court of Appeals of Georgia
Complaint; from Wilkes superior court — Judge Walker. August 2, 1920. J. B. Colt Company sued W. L. Dunaway for the purchase-price of certain property stored or retained for him. The undisputed evidence shows the following facts: On June 13, 1918, the defendant gave an order for the goods in question, and on June 17 the plaintiff accepted the order.
Read the full summary
Complaint; from Wilkes superior court — Judge Walker. August 2, 1920. J. B. Colt Company sued W. L. Dunaway for the purchase-price of certain property stored or retained for him. The undisputed evidence shows the following facts: On June 13, 1918, the defendant gave an order for the goods in question, and on June 17 the plaintiff accepted the order. On June 29 the defendant notified the plaintiff that, owing to war conditions, he would not take the goods, and to consider his order as canceled. On July 17 the defendant shipped the goods by railroad from its factory at Chicago, Illinois,…
1Opinion of the CourtJenkins, P. J.
(After stating the foregoing facts.) This is not a suit for the purchase-price of goods sold and delivered on *556open account. If such were its purport, then, under the facts disclosed by the record, it could not have been maintained. Maddox v. Wagner, 111 Ga. 146 (36 S. E. 609); Bridges v. McFarland, 143 Ga. 581, 583 (85 S. E. 856); Dilman v. Patterson Produce Co., 2 Ga. App. 213 (58 S. E. 365). The nature of the present action, which is for goods stored or retained, distinguishes it from these cases and the case of Oklahoma Vinegar Co. v. Carter, 116 Ga. 140, 146 (42 S. E. 378, 59 L. R. A.…
2Cases cited14 opinions
- Oklahoma Vinegar Co. v. Carter & FordSupreme Court of Georgia · 1902
- Rounsaville & Brother v. Leonard Manufacturing Co.Supreme Court of Georgia · 1907
- Hamby & Toomer v. Georgia Iron & Coal Co.Supreme Court of Georgia · 1907
- Commercial City Bank v. MitchellCourt of Appeals of Georgia · 1920
- Unexcelled Fire-Wks. Co. v. PolitesSupreme Court of Pennsylvania · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gross Manufacturing Co. v. RedfieldIdaho Supreme Court · 1929
- L. P. Gunson & Co. v. GarrettCourt of Appeals of Georgia · 1936
- Marshall v. Moultrie Cotton MillsCourt of Appeals of Georgia · 1935
- Newman v. Colt Co.Court of Appeals of Georgia · 1921
- Chamblee v. Colt Co.Court of Appeals of Georgia · 1923
2 more not listed; retrieve them via the Exa API.