Reeves v. Daniel

• Decision Date: 23 June 1915
• Citation: 85 S.E. 756,143 Ga. 569
• Court: Georgia Supreme Court
• Parties: REEVES. v. DANIEL.

85 S.E. 756

143 Ga. 569

REEVES.

v.DANIEL.

Supreme Court of Georgia.

June 23, 1915.

(Syllabus by the Court.)

Error from Superior Court, Upson County; Robt. T. Daniel, Judge.

Action by P. G. Daniel against T. J. Reeves. Judgment for plaintiff, and defendant brings error. Reversed.

P. G. Daniel brought suit against T. J. Reeves, alleging substantially the following: On June 19, 1909, petitioner and defendant entered into a written contract by the terms of which Reeves agreed to sell and deliver to Daniel 50 bales of lint cotton in square merchantable bales at Thomaston, Ga., between the 1st and 30th of October. The cotton was to average 500 pounds per bale, and to be of any grade between strict ordinary and fair, inclusive. Daniel was to pay 10.27 cents per pound for Inman, Akers & Inman's 4's, the grade being good middling, American standard classification, with deductions and additions for other grades according to Inman, Akers & Inman's differences in effect on the day of delivery. The 50 bales of cotton, averaging 500 pounds per bale, would weigh in the aggregate 25, 000 pounds, and at the price agreed on in the contract would amount to $2,567.50. On the 30th day of October, 1909, in the city of Thomaston, Ga., Daniel tendered to Reeves, the defendant, $2,567.50 for the 50 bales of cotton at the contract price, and stood ready to comply with the terms of the contract, and then and there demanded the 50 bales of cotton of the defendant The cotton of the classification referred to in the contract was worth and bringing on the market on October 30, 1909, 14 5/8 cents per pound, and the difference between that and the contract price on the 50 bales amounts to $1,0SS.75. Reeves failed and refused to deliver the cotton as demanded, whereby he breached the contract and became indebted to and has injured petitioner in the sum last stated, with interest at 8 per cent from October 30, 1909, for which petitioner prays judgment. It was further alleged that under the contract the defendant sold to the petitioner 50 bales of cotton to be raised by himself on his lands; that the defendant was a farmer and planted and raised cotton, and it was understood at the time of making the contract that the 50 bales of cotton were to be raised on his own lands and were to be delivered, but, in the event the defendant should fail for any cause to deliver the same, he had the right to settle the contract by paying any difference in the value of the cotton when delivered and theprice agreed on in money; that such was the...