Brunswig v. East Point Milling Co.

Georgia Court of Appeals
Brunswig v. East Point Milling Co., 11 Ga. App. 9 (1912)
74 S.E. 448; 1912 Ga. App. LEXIS 228
Pottle

Brunswig v. East Point Milling Co.

Opinion of the Court

Pottle, J.

1. A contract for the sale of β€œone ear No. 2 white corn, 1,000 bu. bulk price 91 1/4 cts. per bushel f. o. b. East Point, Ga.,” is not complied with by tendering at the point of delivery a ear containing 1,071 bushels of corn of the quality contracted for.

2. The contract being unambiguous, evidence of a custom of the trade that in sales of the character involved there might be a variance in the quantity contracted for, of from 50 to 100 bushels, was not admissible.

3. Eailure by the purchaser to assign the variation in quantity as a reason for his refusal to accept is not a waiver of his right, when sued for the purchase-price, to plead the failure of the seller to comply with the contract with respect to the quantity tendered. Judgment affirmed.

Reference

Full Case Name
Brunswig v. East Point Milling Company
Cited By
11 cases
Status
Published