Terry v. International Cotton Co.
Supreme Court of Georgia
Complaint. Before Judge Frank Park. Randolph superior court. July 1, 1911. Tbe International Cotton Company brought suit against W. R. Terry, for a breach of a written contract dated July 12, 1909, whereby the plaintiff agreed to purchase and the defendant to sell fifty thousand pounds of cotton at twelve cents per pound, to be delivered in merchantable bales at any warehouse in Shellman, Georgia, during the month of October.
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Complaint. Before Judge Frank Park. Randolph superior court. July 1, 1911. Tbe International Cotton Company brought suit against W. R. Terry, for a breach of a written contract dated July 12, 1909, whereby the plaintiff agreed to purchase and the defendant to sell fifty thousand pounds of cotton at twelve cents per pound, to be delivered in merchantable bales at any warehouse in Shellman, Georgia, during the month of October. It was alleged, that the plaintiff was engaged in the business of buying cotton from producers and selling it to various cotton mills, and this was known to the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The plain'tiff sued the defendant on a written contract dated July 12,-1909, *660by which the former agreed to purchase and the latter to sell fifty thousand pounds of cotton at twelve cents per pound, deliverable in the fall. The defendant pleaded that the contract was a wagering contract and unenforceable, the real understanding and agreement between the parties being that no cotton was to be delivered under the contract, but that it was to be a mere contract for “futures,” whereby the parties speculated on the market price •of cotton, and the losing party…
2Cases cited4 opinions
- Forsyth Manufacturing Co. v. CastlenSupreme Court of Georgia · 1900
- Clarke v. HavardSupreme Court of Georgia · 1900
- McLean v. CamakSupreme Court of Georgia · 1896
- McCall v. HerrinSupreme Court of Georgia · 1903
3Cited by5 opinions
- Employers Liability Assurance Corp. v. SheftallCourt of Appeals of Georgia · 1958
- Fireman's Fund Insurance v. DavisCourt of Appeals of Georgia · 1930
- Rothberg v. Manhattan Coil Corp.Court of Appeals of Georgia · 1951
- Cooper v. Dixie Cotton Co.Supreme Court of Georgia · 1915
- Fenner v. BoykinDistrict Court, N.D. Georgia · 1925