Legal Opinion

Hartwell Grocery Co. v. Mountain City Mill Co.

Court of Appeals of Georgia

Decided February 7, 1911No. 2669PublishedCited by 12 opinions

Complaint; from city court of Hartweil — Judgé Hodges. April 11, 1910.

1Opinion of the CourtPowell, J.

This action was brought to recover the purchase price of a lot of flour. The defendant pleaded that the plaintiff had not shipped the grade of flour which had been ordered, and that, therefore, there had been a failure of consideration. The plaintiff, it appears, sold the flour through a traveling salesman. _ Written memoranda were made showing the sale and the terms thereof. The contract merely called for so many sacks of “W. than snow,” and so many sacks of “St. Elmo.” The grade of flour is not specified. In.the face of the memoranda, the following stipulation appears: “No verbal agreement…

2Cases cited7 opinions

  1. Barrie v. MillerSupreme Court of Georgia · 1898
  2. Saul v. Southern Seating & Cabinet Co.Court of Appeals of Georgia · 1909
  3. State Historical Ass'n v. SilvermanCourt of Appeals of Georgia · 1909
  4. Barco v. TaylorCourt of Appeals of Georgia · 1908
  5. Copeland v. MontgomeryCourt of Appeals of Georgia · 1911

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Dorsey v. ClementsSupreme Court of Georgia · 1947
  2. Jones v. ElyCourt of Appeals of Georgia · 1957
  3. Touche Ross & Co. v. DASD CORP.Court of Appeals of Georgia · 1982
  4. Wood v. Phoenix Insurance CompanySupreme Court of Georgia · 1945
  5. Kirby Planing-Mill Co. v. HughesCourt of Appeals of Georgia · 1912

7 more not listed; retrieve them via the Exa API.

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