Jones v. Americus Automobile Co.
Court of Appeals of Georgia
Complaint; from city court of Americus—Judge Harper. February 4, 1914. The plea referred to in the decision alleges, that £he note sued on was given as a part of the purchase-money of two Flanders cars or automobiles, the balance of the purchase-money on the cars having been paid; that these cars were sold to the defendant for $1,577.75, the price of cars to agents,—that is 15 per cent, off the list price for similar cars, freight added; that these ears were bought to…
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Complaint; from city court of Americus—Judge Harper. February 4, 1914. The plea referred to in the decision alleges, that £he note sued on was given as a part of the purchase-money of two Flanders cars or automobiles, the balance of the purchase-money on the cars having been paid; that these cars were sold to the defendant for $1,577.75, the price of cars to agents,—that is 15 per cent, off the list price for similar cars, freight added; that these ears were bought to resell, and were purchased of the plaintiff on condition that the plaintiff would give territory to the defendant for the…
1Opinion of the CourtRussell, C. J.
While it is true that when no time is fixed wherein a contract is to terminate, the law allows for its termination a reasonable time (to be determined by a jury), still the court did not err in striking the defendant’s plea in response to an oral demurrer based upon the ground that the contract set forth in the plea was too vague and indefinite to be the basis of a set-off against the plaintiff’s suit on account. The judgment striking the plea was not based upon the specific ground that the contract was too indefinite as to its duration, but the judg*454raent must be approved if it was for any…
2Cases cited4 opinions
- Thorn v. StateCourt of Appeals of Georgia · 1913
- Oliver Construction Co. v. ReederCourt of Appeals of Georgia · 1910
- Martin v. CoxCourt of Appeals of Georgia · 1913
- Patterson v. Georgia, Florida & Alabama Railway Co.Court of Appeals of Georgia · 1912
3Cited by2 opinions
- Miller v. Keys Commission Co.Court of Appeals of Georgia · 1920
- Courson v. LynnCourt of Appeals of Georgia · 1934