Ga. Supply Co v. Coffee

• Citation: 69 S.E. 1083,8 Ga.App. 502
• Decision Date: 17 January 1911
• Docket Number: (No. 2,710.)
• Parties: GEORGIA SUPPLY CO. v. COFFEE et al.
• Court: Georgia Court of Appeals

69 S.E. 1083

8 Ga.App. 502

GEORGIA SUPPLY CO.

v.COFFEE et al.

(No. 2, 710.)

Court of Appeals of Georgia.

Jan. 17, 1911.

(Syllabus by the Court.)

1. Entire Contract — Breach — Remedy op Buyer.

The plea as amended set up facts that, if proved, entitled the defendants to a rescission of the contract, and the court did not err in overruling the demurrer filed thereto. Civ. Code 1895, §§ 3711, 3712.

2. Sales (§ 62^*)—Entire Contract—Breach —Remedies of Buyer.

Where a contract is made for the purchase of different articles of machinery, which taken together constitute a working outfit, and the omission of any one of the articles renders the outfit useless, and the purchaser offers to pay a gross price for the entire outfit, the contract is entire, and a breach of it results from the failure to deliver any separate article of the machinery named. Where a breach is so caused, the purchaser has the right to rescind the contract, on prompt notification to the seller of the breach and a return or offer to return the article or articles which he has received. Harden v. Lang, 110 Ga. 392, 36 S. E. 100.

[Ed. Note.—For other cases, see Sales, Cent. Dig. §§ 171-179; Dec. Dig. § 62.*]

3. Instructions Not Erroneous.

The instructions of the court specially complained of, and the refusal to instruct, when considered in connection with the entire charge, present no material error.

4. Review on Appeal.

The evidence on the material issues was in conflict, the verdict is approved by the trial court, and this court finds in the record no error to justify the grant of another trial.

Error from City Court of Valdosta; J. G Cranford, Judge.

Action between the Georgia Supply Company and J. P. Coffee and others. From the judgment, the Georgia Supply Company brings error. Affirmed.

Woodward & Smith and O. M. Smith, for plaintiff in error.

J. R. Walker, for defendants in error.

HILL, C. J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Deo. Dig. & Am. Dig. Key No. Series & Rep'r Indexes