Georgia Court of Appeals, 1912

Miller Grocery Co. v. Eastport Sardine Co.

Georgia Court of Appeals · Decided January 15, 1912 · Hill

10 Ga. App. 287; 73 S.E. 554; 1912 Ga. App. LEXIS 465

Opinion of the Court

Hill, O. J.

The allegations of the petition were not proved as laid, and it affirmatively appears, from the evidence for the plaintiff, that the offer to buy, made to the defendant by letter, was expressly refused and no complete contract was entered into. A nonsuit was therefore properly awarded. Judgment affirmed.

Attachment; from city court of Albany — Judge Crosland.

February 21, 1911. R. J. Bacon, Ben T. Burson, for plaintiff. Mann & Milner, for defendant.

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