Willett Seed Co. v. Kirkeby-Gundestrup Seed Co.
Supreme Court of Georgia
Action for breach of contract. Before Judge Hammond. Richmond superior court. July 17, 1915.
1Opinion of the CourtAtkinson, J.
1. Whether a contract be entire or severable depends on the intention of the parties. A contract for the sale of 1,000 bushels of yellow-bottom onion sets, 25 bushels of rgd-bottom onion sets, and 1,000 bushels of white-bottom onion sets, for shipment about January 10, 1911 (weather permitting), is to be construed as an entire contract. Henderson Elevator Co. v. North Georgia Milling Co., 126 Ga. 279 (55 S. E. 50).
2. Where there was a contract for the sale of onion sets, and a portion was delivered, paid for, and used by the purchaser, he can not rescind the contract upon the ground that the…
2Cases cited3 opinions
- Henderson Elevator Co. v. North Georgia Milling Co.Supreme Court of Georgia · 1906
- Moore v. CareySupreme Court of Georgia · 1902
- Carolina Portland Cement Co. v. TurpinSupreme Court of Georgia · 1906
3Cited by16 opinions
- Lincoln Lumber Co. v. KeeterSupreme Court of Georgia · 1928
- Milligan v. MilliganSupreme Court of Georgia · 1952
- Williamson v. WilliamsonSupreme Court of Georgia · 1933
- Auto Mutual Indemnity Co. v. CampbellCourt of Appeals of Georgia · 1937
- Canada Dry Bottling Co. v. CampbellCourt of Appeals of Georgia · 1965
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