Fitzgerald Cotton Oil Co. v. Farmers Supply Co.
Court of Appeals of Georgia
Certiorari, from Ben Hill superior court — Judge Whipple. May 30, 1907. The Farmers Supply Company brought suit in the city court of Fitzgerald against the Fitzgerald Cotton Oil Company, for a breach of the following contract, which they alleged they made through their agent, Harris: . “Fitzgerald, Ga., Dec. 9th, 1905. Mr. J. H. Harris, City.
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Certiorari, from Ben Hill superior court — Judge Whipple. May 30, 1907. The Farmers Supply Company brought suit in the city court of Fitzgerald against the Fitzgerald Cotton Oil Company, for a breach of the following contract, which they alleged they made through their agent, Harris: . “Fitzgerald, Ga., Dec. 9th, 1905. Mr. J. H. Harris, City. Dear Sir: — We offer you one thousand sacks of Upland meal at $22.00 per ton, one thousand sacks of hulls at $8.00 per ton, same to be hauled out as early as convenient. Yours truly, Fitzgerald Cotton Oil Company by L. W. Meakin, secretary and…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts).
1. The first assignment of error is that the manager of the-plaintiff company was allowed to testify that Huggins on January 1, 1906; “refused to let m’e have more than a thousand pounds-of meal.” The objection which the defendant urges to this testimony is that it does not appear that Huggins was an agent of the company who was authorized to act; and therefore any refusal on his part would not be binding on the defendant. From the-evidence in the record it appears, that Huggins was referred to. by the manager of the defendant company as his bookkeeper;…
2Cases cited10 opinions
- Cuesta v. GoldsmithCourt of Appeals of Georgia · 1907
- Alabama Midland Railway Co. v. GuilfordSupreme Court of Georgia · 1902
- Shields v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1907
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Hawkins v. KermodeSupreme Court of Georgia · 1890
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