Georgia Court of Appeals, 1912

Arnall-Couch-Powers Co. v. Natl. Discount Co.

Arnall-Couch-Powers Co. v. Natl. Discount Co.
Georgia Court of Appeals · Decided September 24, 1912 · Russell
11 Ga. App. 487; 75 S.E. 816; 1912 Ga. App. LEXIS 72

Arnall-Couch-Powers Co. v. Natl. Discount Co.

Opinion of the Court

Russell, J.

It appearing that the contract which was the basis of this suit was an entire contract, it devolved upon the defendant either to accept the contract as a whole or to rescind it as a whole. The defendant could not affirm the contract by accepting a part of the goods purchased, and rescind it in part by rejecting another portion. For this reason, the verdict in favor of the plaintiff was demanded by the evidence. Judgment affirmed,,-'.

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