Brenard Mpg. Co v. Kingston Supply Co, (No. 9244.)

CourtUnited States Court of Appeals (Georgia)
Writing for the CourtJENKINS
Citation22 Ga.App. 280,95 S.E. 1028
PartiesBRENARD MPG. CO. v. KINGSTON SUPPLY CO.
Docket Number(No. 9244.)
Decision Date14 May 1918
22 Ga.App. 280

95 S.E. 1028

BRENARD MPG. CO.
v.
KINGSTON SUPPLY CO.

(No. 9244.)

Court of Appeals of Georgia,
Division No. 1.

May 14, 1918.


(Syllabus by the Court.)

Error from Superior Court, Bartow County; M. C. Tarver, Judge.

Action by the Brenard Manufacturing Company against the Kingston Supply Company. Judgment for defendant, and plaintiff brings error. Reversed.

The defendant entered into a contract for the purchase of a piano and certain other personal property from the plaintiff, and ex ecuted six purchase-money notes, for $75 each, maturing monthly, the first of which was payable two months after date. The material portions of the contract are as follows:

"Kingston, State of Georgia.

"February 3, 1915.

"To Brenard Manufacturing Co., Iowa City, Iowa—Gentlemen: On your approval of this order, deliver to me at your earliest convenience, f. o. b. factory or distributing point, the Claxton piano, watches, silverware and advertising matter described on this and reverse side, in payment for which I herewith hand you my six notes, payable to your order, aggregating $450.00. If order is not approved and shipped by you, the notes are to be canceled and returned to me.

"My last twelve months' sales were $30,000.-00, and upon this figure my next twelve months' sales to be $36,000.00, and that if 1 1/4 of my gross sales does not amount to four hundred fifty ($450.00) dollars for the next twelve months, you will pay me the deficiency in cash, and send your bond for $450.00 to cover this agreement with me. You are to conduct all of the correspondence in securing club leaders and members and conducting the club-extension campaign.

"To make the last above paragraph binding upon you, I agree to furnish you within ten days approximately 150 names and addresses of persons whom I believe will make good club leaders and members, with whom you are to take up correspondence immediately. I agree to take the shipments promptly, carry out the trade-extension campaign plan, promptly meet all obligations entered into under this agreement, keep the piano well displayed in my store, issue piano votes for each cent purchases, and every sixty days of this contract to report to you my gross sales, and promptly furnish you all information you request to enable you to push the trade-extension campaign.

"In consideration of the special methods set forth in your copyrighted plan and the special terms and agreements herein, this order cannot be countermanded.

"Brenard Manufacturing Company's trade-extension campaign...

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10 practice notes
  • Pittsburgh Plate Glass Co. v. Jarrett, No. 141.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Georgia
    • January 20, 1942
    ...and dependent even though one of them affords to the other only a part of its consideration." Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga. App. 280, 95 S.E. A contract to convey land for certain sum of money and certain services which were illegal was void, each part of the consideration......
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • July 17, 1923
    ...P. 678; Garvey v. Barkley, 104 P. 1108; Sleeper v. Bragdon, 88 P. 1036; Underwood v. Tew, 34 P. 1101; Brenard Mfg. Co. v. Kingston Co., 95 S.E. 1028; Miller v. Wildcat Road Co., 52 Ind. 51; Gale v. Best, 20 Wisconsin, 44; Bean v. Atwater, 4 Conn. 3, 10 Am. Dec. 91; Bowen v. Bailey, 42 Miss.......
  • Fulenwider v. Fulenwider, No. 12957.
    • United States
    • Supreme Court of Georgia
    • September 14, 1939
    ...(4), 12, 43 S.E. 371; Jordan Realty Co. v. Chambers Lumber Co., 176 Ga. 624, 629, 168 S.E. 601; Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga.App. 280, 283, 95 S.E. 1028. (a) The husband was not relieved from his obligation to pay the $50, as a condition of the wife's relinquishment of ali......
  • Reliance Realty Co. Inc v. Mitchell, No. 19628.
    • United States
    • United States Court of Appeals (Georgia)
    • February 15, 1930
    ...v. McKee, 96 Ga. 611 (2), 24 S. E. 142; Chastain v. Piatt, 166 Ga. 307 (1), 143 S. E. 378; Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga. App. 280 (1), 95 S. E. 1028; Crim v. Southern Realty & Trust Co., 38 Ga. App. 502, 144 S. E. 342, 343; Beecher v. Conradt, 13 N. Y. 108, 64 Am. Dec. 535......
  • Request a trial to view additional results
11 cases
  • Pittsburgh Plate Glass Co. v. Jarrett, No. 141.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Georgia
    • January 20, 1942
    ...and dependent even though one of them affords to the other only a part of its consideration." Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga. App. 280, 95 S.E. A contract to convey land for certain sum of money and certain services which were illegal was void, each part of the consideration......
  • Portner v. Tanner, 1060
    • United States
    • United States State Supreme Court of Wyoming
    • July 17, 1923
    ...P. 678; Garvey v. Barkley, 104 P. 1108; Sleeper v. Bragdon, 88 P. 1036; Underwood v. Tew, 34 P. 1101; Brenard Mfg. Co. v. Kingston Co., 95 S.E. 1028; Miller v. Wildcat Road Co., 52 Ind. 51; Gale v. Best, 20 Wisconsin, 44; Bean v. Atwater, 4 Conn. 3, 10 Am. Dec. 91; Bowen v. Bailey, 42 Miss.......
  • Fulenwider v. Fulenwider, No. 12957.
    • United States
    • Supreme Court of Georgia
    • September 14, 1939
    ...(4), 12, 43 S.E. 371; Jordan Realty Co. v. Chambers Lumber Co., 176 Ga. 624, 629, 168 S.E. 601; Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga.App. 280, 283, 95 S.E. 1028. (a) The husband was not relieved from his obligation to pay the $50, as a condition of the wife's relinquishment of ali......
  • Reliance Realty Co. Inc v. Mitchell, No. 19628.
    • United States
    • United States Court of Appeals (Georgia)
    • February 15, 1930
    ...v. McKee, 96 Ga. 611 (2), 24 S. E. 142; Chastain v. Piatt, 166 Ga. 307 (1), 143 S. E. 378; Brenard Mfg. Co. v. Kingston Supply Co., 22 Ga. App. 280 (1), 95 S. E. 1028; Crim v. Southern Realty & Trust Co., 38 Ga. App. 502, 144 S. E. 342, 343; Beecher v. Conradt, 13 N. Y. 108, 64 Am. Dec. 535......
  • Request a trial to view additional results

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