Miller & Co. v. McKenzie
Supreme Court of Georgia
Attachment. Before Judge Eeid. City Court of Atlanta. January 15, 1906. The plaintiff instituted by attachment an action of assumpsit against Miller & Co., a firm whose members were non-residents of the. State.
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Attachment. Before Judge Eeid. City Court of Atlanta. January 15, 1906. The plaintiff instituted by attachment an action of assumpsit against Miller & Co., a firm whose members were non-residents of the. State. The declaration is in part as follows: “(2) Petitioner shows that said defendants are indebted to him in the principal sum of $1,382.57, besides interest, by reason of the following facts: On January 25, 1904, jurar petitioner bought of the defendants 10,000 bushels of wheat at 91 3/8 cents per bushel, and defendants executed to petitioner on said date their contract for the same.…
1Opinion of the CourtAtkinson, J.
(After stating the facts.) ■
1. Under the view we take of the matter, the question of variance between the averments and the proof as to the $700 transaction becomes immaterial. Let the petition be construed as contended by counsel for the defendant in error, and the verdict is still unauthorized by the evidence. It was necessar}', under either construction of the petition, that the plaintiff should show that there had been a sale of the wheat in conformity to his order. He swore that he had given the order to sell. He did not know and did not pretend to know whether a sale had taken place. He…
2Cases cited4 opinions
- Luquire v. LeeSupreme Court of Georgia · 1905
- Central Railroad & Banking Co. v. MaltsbySupreme Court of Georgia · 1892
- Claflin & Co. v. BallanceSupreme Court of Georgia · 1893
- Moultrie Lumber Co. v. Driver Lumber Co.Supreme Court of Georgia · 1905
3Cited by11 opinions
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Egli v. HuttonOregon Supreme Court · 1931
- Augusta Coach Co. v. LeeCourt of Appeals of Georgia · 1967
- Hale v. HaleCourt of Appeals of Georgia · 1922
- Shaw v. McKenzieSupreme Judicial Court of Maine · 1932
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