Phosphate Mining Co v. Atlanta Oil & Fertilizer Co
| Citation | 93 S.E. 532,20 Ga.App. 660 |
| Decision Date | 26 July 1917 |
| Docket Number | (Nos. 8256, 8257.) |
| Parties | PHOSPHATE MINING CO. v. ATLANTA OIL & FERTILIZER CO. ATLANTA OIL & FERTILIZER CO. v. PHOSPHATE MINING CO. |
| Court | Georgia Court of Appeals |
On Rehearing, Sept. 24, 1917.
(Syllabus by the Court.)
Error from Superior Court, Fulton County; J. T. Pendleton, Judge.
Action by the Phosphate Mining Company against the Atlanta Oil & Fertilizer Company. Judgment for plaintiff overruling demurrers to amended petition, and defendant brings error, and plaintiff takes a cross-bill of exceptions. Judgment affirmed in part and reversed in part on main bill of exceptions, and affirmed on the cross-bill of exceptions.
Evins & Moore, of Atlanta, for plaintiff in error.
D. W. Blair, of Marietta, and King & Spalding, of Atlanta, for defendant in error.
GEORGE, J. Judgment affirmed in part and reversed in part on the main bill of exceptions, and affirmed on the cross-bill.
On Rehearing.
Judgment adhered to.
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Draper v. Ga.
...94 Am. St. Rep. 112 (1); Central of Georgia Ry. Co. v. Gortatow-sky, 123 Ga. 366, 51 S. E. 469 (5); Phosphate Mining Co. v. Atlanta Oil & Fert. Co., 20 Ga. App. 662, 93 S. E. 532 (6). As suggested above, no intention on the part of the railway company to rescind the delivery under the contr......
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Draper v. Georgia, F. & A. Ry. Co.
...122, 94 Am.St.Rep. 112 (1); Central of Georgia Ry. Co. v. Gortatowsky, 123 Ga. 366, 51 S.E. 469 (5); Phosphate Mining Co. v. Atlanta Oil & Fert. Co., 20 Ga.App. 662, 93 S.E. 532 (6). suggested above, no intention on the part of the railway company to rescind the delivery under the contract ......
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Piggly Wiggly Southern, Inc. v. Eastgate Associates, Ltd.
...that damages must be measured at the time of performance and not at the time of breach, citing Phosphate Mining Co. v. Atlanta Oil, etc., Co., 20 Ga.App. 660, 661, 93 S.E. 532 (1917). However, that case involves the sale of goods; we will follow the generally accepted rule for anticipatory ......