Maynard v. Render

• Decision Date: 02 March 1895
• Citation: 23 S.E. 194,95 Ga. 652
• Parties: MAYNARD et al. v. RENDER.
• Court: Georgia Supreme Court

23 S.E. 194

95 Ga. 652

MAYNARD et al. v. RENDER.

Supreme Court of Georgia

March 2, 1895

Syllabus by the Court.

1. A written contract for the purchase of a stated number of "cords of wood"--the contract being silent as to the lengths into which the wood was to be cut--is so far ambiguous as to render parol evidence admissible to show what was the real agreement of the parties in this respect. In such a contract the significance of the word "cords" would, without explanation, relate to quantity, and not to the lengths or shapes of the sticks of wood. If the contract was to deliver so much "cord wood," the significance of the words just quoted would be otherwise.

2. Where, under a contract to deliver a certain number of "cords of wood" at a given point at a time certain and upon an agreed price, the seller so far complies with his agreement as to deliver the wood, but the same is not cut into lengths required for cord wood, if the purchaser have an opportunity to inspect the wood, he must either accept or reject the whole. If he accept a part without objection, he will not thereafter, upon a suit for the contract price, be heard to object that the wood was not cut in accordance with his understanding of the agreement between himself and the seller.

Error from city court of Macon; J. P. Ross, Judge.

Action by J. L. Render against Maynard & Cheeves. Plaintiff had judgment, and defendants bring error. Affirmed.

Hardeman Davis & Turner, for plaintiffs in error.

O. A Park, for defendant in error.

ATKINSON J.

1. It appears from the record that the plaintiff sued the defendants for a certain number of cords of wood, for which it was alleged that the defendants were indebted under a written contract, a copy of which is as follows: "Macon Ga., July 6th, 1893. We promise to pay James L. Render on delivery of 120 cords of oak and hickory wood on right of way of Macon & Birmingham Railroad, near Snellson, Ga., by September 1st, $1 10/100 per cord, C. O. D. [Signed] Maynard & Cheeves." The plaintiff offered evidence to show that at the time the contract was entered into he informed the defendants that the wood he offered to sell, and which he would undertake to deliver under the contract above stated was a job lot of wood cut by him in clearing land; that its length was irregular, being on an average about 12 feet long; and that the defendants thoroughly understood that the wood was over 8 feet long....