Edward T. Taylor & Co. v. Collier
Supreme Court of Georgia
Action on the case, in Dougherty Superior Court. Tried before Judge Allen, June Term, 1858. This was an action brought by Edward T. Taylor & Co.j against William E. Collier,' to recover damages for failure to deliver four cotton gins.
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Action on the case, in Dougherty Superior Court. Tried before Judge Allen, June Term, 1858. This was an action brought by Edward T. Taylor & Co.j against William E. Collier,' to recover damages for failure to deliver four cotton gins. James Hill, swore on the part of the plaintiffs, that in 1848, the defendant hired him to drive his wagon, and haul gins for the plaintiffs from the Chattahoochee; took four gins to be delivered in Lowndes county; the team gave out and he put said gins in an old house, and they have never been delivered. Slaton said: He knows plaintiffs delivered defendant five…
1Opinion of the Court
*125 By the Court.
Lumpkin, J.
delivering the opinion.
This action was brought by the plaintiffs, to recover of the defendant damages for failing to deliver four cotton gins in Lowndes county, to certain persons named in the declararation; and also for losing the opportunity of selling twenty-six others, by reason of the failure of the defendant to deliver the four in time, to gin the cotton crop of 1848.
On the trial, the defendant moved to strike out so much of the declaration as sought to recover anything on account of the twenty-six gins, as mere speculative damages. The Court sustained the…
2Cases cited1 opinion
- Cooper v. YoungSupreme Court of Georgia · 1857
3Cited by4 opinions
- Atlantic & Birmingham Railway Co. v. Howard Supply Co.Supreme Court of Georgia · 1906
- Albany & Northern Railway Co. v. Merchants & Farmers BankSupreme Court of Georgia · 1912
- Atlantic Coast Line Railroad v. GoodwinCourt of Appeals of Georgia · 1907
- Rome Railroad v. SloanSupreme Court of Georgia · 1869