Arnold v. Malsby

• Decision Date: 13 July 1904
• Citation: Arnold v. Malsby, 120 Ga. 586, 48 S.E. 132 (Ga. 1904)
• Parties: ARNOLD v. MALSBY et al
• Court: Georgia Supreme Court

48 S.E. 132

120 Ga. 586

ARNOLD v. MALSBY et al

Supreme Court of Georgia

July 13, 1904

Syllabus by the Court.

1. All previous verbal negotiations respecting the terms of sale of certain machinery are merged in the subsequent written contract of sale, and are inadmissible to vary or contradict the writing. Smith v. Newton, 59 Ga. 113 (5).

2. Where a written order for certain machinery stipulated that the seller should not "be held liable for damages for delay by railroads or failure of manufacturers in not shipping machinery," the seller is not liable to the purchaser for damages accruing from such delays.

3. The court did not err in directing a verdict for the plaintiff.

Error from Superior Court, Morgan County; H. M. Holden, Judge.

Action by A. H. Malsby and another, executors, against W. Arnold. Judgment for plaintiffs, and defendant brings error. Affirmed.

George & Anderson, for plaintiff in error.

C. L. Pettigrew and Foster & Butler, for defendants in error.

EVANS, J.

Judgment affirmed. All the Justices concurring.