Hill v. H. C. Whitmer Co, 21126.

• Decision Date: 15 May 1931
• Docket Number: No. 21126.,21126.
• Parties: HILL. v. H. C. WHITMER CO.
• Court: Georgia Court of Appeals

43 Ga.App. 367

158 S.E. 625

HILL.

v.H. C. WHITMER CO.

No. 21126.

Court of Appeals of Georgia,

Division No. 2.

May 15, 1931.

Syllabus by Editorial Staff.

Written agreement provided for sale by corporation of goods to purchaser for resale; that purchaser would pay seller for all goods purchased current wholesale prices by remitting each week not less than 50 per cent, of cash receipts from business until account was balanced; that contract should continue in force so long as accounts and amount of purchases were satisfactory to seller; and that purchaser or guarantors might be relieved by paying in cash balance due purchaser on account.

Error from City Court of Blakely; R. H. Sheffield, Judge.

Action by the H. C. Whitmer Company against R. M. Hill. Judgment for plaintiff, and defendant brings error.

Affirmed.

J. A. Drake, of Colquitt, for plaintiff in error.

N. L. Stapleton, of Colquitt, for defendant in error.

Syllabus Opinion by the Court.

JENKINS, P. J.

1. A written agreement, providing for the sale, by a corporation manufacturing medicines, extracts, stock foods, and other such goods, of such commodities to the purchaser, for resale by him to his own customers, the purchaser agreeing "to pay said company for all goods purchased under this agreement the current wholesale prices of such goods by remitting in cash each week to said company not less than 50 per cent. of the cash receipts from his business until his account is balanced, " the contract further providing that it should continue in force so long as the account and the amount of the purchases were satisfactory to the company, but providing that the purchaser or his guarantors might he released from the agreement "at any time by paying in cash the balance due said company on account, " and stipulating that the purchaser should be entitled to a discount of 3 per cent. from current wholesale prices, provided he paid his account in full on or before the 10th of each month, and should be entitled to a discount of five per cent. when cash remittances accompanied his orders, was not a contract of partnership or agency, and the provision for the payment for goods sold by Page 626

"remitting in cash each week to said company not less than 50 per cent. of the cash receipts from his business until his account is balanced, " could not reasonably be construed as limiting the liability on account of such purchases to 50 per cent. of the amount of the cash received by the purchaser from resales of the...