Johnson v. J. S. &. W. H. Latimer
Supreme Court of Georgia
Contracts. Warranty. Charge of Court. Statute of Frauds. ..Before .Judge Pottle. Warren Superior Court. April Term, 1883. J 8. & W. H. Latimer brought complaint against Johnson on an open account, containing but one item, viz: “To first payment on one Monarch Separator, due on arrival, $212.50.” Defendant pleaded the general issue.
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Contracts. Warranty. Charge of Court. Statute of Frauds. ..Before .Judge Pottle. Warren Superior Court. April Term, 1883. J 8. & W. H. Latimer brought complaint against Johnson on an open account, containing but one item, viz: “To first payment on one Monarch Separator, due on arrival, $212.50.” Defendant pleaded the general issue. The evidence on behalf of plaintiffs was to the effect that' they had sold to Johnson a separator for $425, one half of which was payable on delivery, and the balance in six months; that defendant ordered a machine with a cylinder of given size, and there was no…
1Opinion of the CourtHall, Justice
1. The court charge^ the jury that even if the bill presented to the defendant for the machine sold, and upon which the suit was founded, was for more freight than the defendant agreed to pay, this would not relieve him of Ms obligation to take the machine, but only entitle him to be credited with the difference between the freight *473charged and the freight agreed to be paid. To this charge the defendant excepted, and assigns the same as error. This assignment of error is sustained by the decision of this court in Kaufman vs. Austin & Co., 57 Ga., 87; which, is much like the present case in its…
2Cases cited3 opinions
- Denmead v. GlassSupreme Court of Georgia · 1860
- McDougald v. BanksSupreme Court of Georgia · 1853
- Kaufman v. Austin & Co.Supreme Court of Georgia · 1876
3Cited by36 opinions
- Malsby & Avery v. YoungSupreme Court of Georgia · 1898
- Tift v. Wight & Weslosky Co.Supreme Court of Georgia · 1901
- John A. Roebling's Sons Co. v. Southern Power Co.Supreme Court of Georgia · 1914
- Piedmont Life Insurance Co. v. BellCourt of Appeals of Georgia · 1961
- Brooks Bros. Lumber Co. v. Case Threshing Machine Co.Supreme Court of Georgia · 1911
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