Abrams v. McCall Co.

Court of Appeals of Georgia

Abrams v. McCall Co.

72 S.E. 64, 9 Ga. App. 699, 1911 Ga. App. LEXIS 298

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1911

Docket3447

StatusPublished

This text of 72 S.E. 64 (Abrams v. McCall Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abrams v. McCall Co., 72 S.E. 64, 9 Ga. App. 699, 1911 Ga. App. LEXIS 298 (Ga. Ct. App. 1911).

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Opinion

Powell, J.

1. Viewed in the light of the criteria announced in the case of Florence Wagon Works v. Salmon, 8 Ga. App. 197 (68 S. E. 866), and cases there cited, the amount claimed in the petition as liquidated damages was penalty, and the demurrer to the portion of the petition ■which sought a recovery therefor should have been sustained.

2. So. far as the petition sought to recover for the purcliase-price of goods sold and delivered, it was not subject to the demurrer.

Judgment affirmed in pari, and reversed in part.

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Powell, J.

1. Viewed in the light of the criteria announced in the case of Florence Wagon Works v. Salmon, 8 Ga. App. 197 (68 S. E. 866), and cases there cited, the amount claimed in the petition as liquidated damages was penalty, and the demurrer to the portion of the petition ■which sought a recovery therefor should have been sustained.

2. So. far as the petition sought to recover for the purcliase-price of goods sold and delivered, it was not subject to the demurrer.

Judgment affirmed in pari, and reversed in part.

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Bluebook (online)

72 S.E. 64, 9 Ga. App. 699, 1911 Ga. App. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abrams-v-mccall-co-gactapp-1911.

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