Pusey & Co. v. McElveen Commission Co.
Supreme Court of Georgia
Action on contract. Before Judge Sweat. Glynn superior court. May term, 1893. The declaration alleged: Pusey & Co., of Avondale, Pa., are indebted to plaintiffs $713.70, with interest from April 25, 1891, which they refuse to pay.
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Action on contract. Before Judge Sweat. Glynn superior court. May term, 1893. The declaration alleged: Pusey & Co., of Avondale, Pa., are indebted to plaintiffs $713.70, with interest from April 25, 1891, which they refuse to pay. In April, 1891, plaintiffs made with them a contract by which they agreed to sell and deliver to plaintiffs at Avondale 252 tons of hay at $10 per ton, to be loaded upon the vessel Anna Pendleton then lying at Philadelphia, which plaintiff' had chartered to transport the hay from Philadelphia to Brunswick. The additional cost for freight from Avondale to…
1Opinion of the Court
Simmons, Justice.
The plaintiffs sought to recover upon an alleged breach of contract by the defendants in failing to deliver a certain quantity of hay which they had agreed to sell and deliver to the plaintiffs at Avondale, Pennsylvania, to be loaded upon a vessel at Philadelphia, chai’tered by the plaintiffs for the purpose of bringing the hay to Brunswick. According to the allegations in. the declaration, the delivery of the hay by the defendants and payment therefor by the plaintiffs were to be concurrent acts. The declaration does not allege any specific time for performance by the…
2Cases cited4 opinions
- Hotchkiss v. NewtonSupreme Court of Georgia · 1851
- Biggers v. PaceSupreme Court of Georgia · 1848
- Bruce v. CrewsSupreme Court of Georgia · 1869
- Allen v. HollisSupreme Court of Georgia · 1860
3Cited by8 opinions
- Rochester Capital Leasing Corp. v. ChristianCourt of Appeals of Georgia · 1964
- Nikas v. HindleyCourt of Appeals of Georgia · 1958
- Cheeves v. AyersCourt of Appeals of Georgia · 1931
- Gulbenkian v. Patcraft Mills, Inc.Court of Appeals of Georgia · 1961
- Beach v. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF ATLANTACourt of Appeals of Georgia · 1977
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