Legal Opinion

CUTLER-HAMMER INC. v. Bell

Court of Appeals of Georgia

Decided July 16, 1951No. 33561PublishedCited by 3 opinions

1Opinion of the CourtGardner, J.

The first special ground assigns error on the refusal of the court to give in charge the following written request:

“If delivery of property sold is made by the seller beyond the time contracted for, and accepted and paid for by the purchaser without protest upon the ground of delay, this would amount to a waiver by the purchaser of any right to damages against the seller for delay in delivery.” It is not error to refuse to charge a request which is not abstractly correct. For a correct statement of the law applicable to the facts of this case see Bernhardt v. Federal Terra Cotta Co., 24 Ga.…

2Cases cited5 opinions

  1. Bernhardt v. Federal Terra Cotta Co.Court of Appeals of Georgia · 1919
  2. Standard Coal Co. v. Eclipse Coal Co.Court of Appeals of Georgia · 1920
  3. Lingo v. Phœnix Hermetic Co.Court of Appeals of Georgia · 1924
  4. James F. Drew Co. v. BreedloveCourt of Appeals of Georgia · 1923
  5. Ladd Lime & Stone Co. v. MacDougald Construction Co.Court of Appeals of Georgia · 1924

3Cited by3 opinions

  1. Foster v. National Ideal Co.Court of Appeals of Georgia · 1969
  2. Clarke v. CottonCourt of Appeals of Georgia · 1993
  3. Moriarty v. StateCourt of Appeals of Georgia · 1962

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