J. B. Mccrary Co v. Glennville
| Decision Date | 03 September 1919 |
| Docket Number | (No. 1075.) |
| Parties | J. B. McCRARY CO. v. CITY OP GLENNVILLE. |
| Court | Georgia Supreme Court |
Rehearing Denied Oct. 1, 1919.
(Syllabus by the Court.)
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Debt.]
[Ed. Note.—For other definitions, see Words and Phrases, First and Second Series, Conditional Sale.]
Error from Superior Court, Tattnall County; W. W. Sheppard, Judge.
Action by the J. B. McCrary Company against the City of Glennville. Petition dismissed on general demurrer, and plaintiff brings error. Affirmed.
The petition alleges that in 1913 the City of Glennville desired to procure a system of electric lights and waterworks. It contracted with the J. B. McCrary Company to construct the same. The contract provided that title to the system should be retained by the McCrary Company until it was fully paid for. On December 3, 1914, the city found it impracticable, or legally impossible, to make the payments required of it under the original contract. The McCrary Company was unwilling to complete and deliver the system without payment At this point a second contract was made. It recites the making of the contract of December 23, 1913; that the McCrary Company has furnished material and proceeded with the erection of the system to a point nearing completion; that under the original contract the city agreed that payment should be made in part by the sale of bonds issued for that purpose by the city and the balance as set forth in the contract of December 23, 1913; that it is impracticable to comply with the terms of said contract by having the banks carry the amounts specified; that the McCrary Company has refused to complete the system, except upon compliance by the city with the terms of payment; that the city is unable to make these payments; that the mayor and council of the city have, by formal resolution passed in conformity with law, authorized the execution and delivery of this contract (December 3, 1914). This contract further recites that of the original contract price the city has paid all but a balance of $4,851.21. It stipulates that the McCrary Company will complete the system and deliver it to the city, to be used by it, and that the city shall pay an annual rental of $1; that title is to remain in the McCrary Company; that for the balance remaining unpaid on the original purchase price the city shall give its check for $247.17, and four notes for stated amounts, due December 10, 1914, January 10, 1915, December 10, 1915, and December 10, 1916; that the rental...
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Board of Lights and Waterworks of Marietta v. Niller
... ... under consideration, this board was without authority to buy ... these properties either for cash or on credit. In Peed v ... McCrary, 94 Ga. 487, 21 S.E. 232, it was held: ... "Where the money of a lender has actually been applied ... to the legitimate uses of a county, that is, ... to evade this constitutional provision and would in effect ... render the same nugatory and void. McCrary Co. v ... Glennville, 149 Ga. 431, 100 S.E. 362; Dobbs v. Brumby, ... Judgments ... reversed ... All the ... Justices concur, ... ...
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Caldwell v. City Of Rome
...v. Dawson Waterworks Co., 106 Ga. 696 (6), 32 S. E. 907; Neal v. Town of Decatur, 142 Ga. 205, 82 S. E. 546; McCrary Co. v. City of Glennville, 149 Ga. 431, 100 S. E. 362; Dobbs v. Brumby, 150 Ga. 599, 104 S. E. 440; Board of Lights & Waterworks v. Niller, 155 Ga. 296 (6), 116 S. E. 835; 44......
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Caldwell v. City of Rome
... ... v. Dawson Waterworks Co., 106 Ga. 696 (6), 32 S.E. 907; ... Neal v. Town of Decatur, 142 Ga. 205, 82 S.E. 546; ... McCrary Co. v. City of Glennville, 149 Ga. 431, 100 ... S.E. 362; Dobbs v. Brumby, 150 Ga. 599, 104 S.E ... 440; Board of Lights & Waterworks v. Niller, ... ...
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