Arnall-Couch-Powers Co. v. Natl. Discount Co.

Court of Appeals of Georgia

Arnall-Couch-Powers Co. v. Natl. Discount Co.

75 S.E. 816, 11 Ga. App. 487, 1912 Ga. App. LEXIS 72

CourtCourt of Appeals of Georgia

DecidedSeptember 24, 1912

Docket3724

StatusPublished

Cited by2 cases

This text of 75 S.E. 816 (Arnall-Couch-Powers Co. v. Natl. Discount 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

Arnall-Couch-Powers Co. v. Natl. Discount Co., 75 S.E. 816, 11 Ga. App. 487, 1912 Ga. App. LEXIS 72 (Ga. Ct. App. 1912).

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Opinion

Russell, J.

It appearing that the contract which was the basis of this suit was an entire contract, it devolved upon the defendant either to accept the contract as a whole or to rescind it as a whole. The defendant could not affirm the contract by accepting a part of the goods purchased, and rescind it in part by rejecting another portion. For this reason, the verdict in favor of the plaintiff was demanded by the evidence. Judgment affirmed,,-'.

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Russell, J.

It appearing that the contract which was the basis of this suit was an entire contract, it devolved upon the defendant either to accept the contract as a whole or to rescind it as a whole. The defendant could not affirm the contract by accepting a part of the goods purchased, and rescind it in part by rejecting another portion. For this reason, the verdict in favor of the plaintiff was demanded by the evidence. Judgment affirmed,,-'.

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Bluebook (online)

75 S.E. 816, 11 Ga. App. 487, 1912 Ga. App. LEXIS 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnall-couch-powers-co-v-natl-discount-co-gactapp-1912.

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