Barnes Coal Co. v. Southland Knitting Mills

Court of Appeals of Georgia

Barnes Coal Co. v. Southland Knitting Mills

73 S.E. 701, 10 Ga. App. 485, 1912 Ga. App. LEXIS 581

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1912

Docket3551

StatusPublished

This text of 73 S.E. 701 (Barnes Coal Co. v. Southland Knitting Mills) 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.

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Barnes Coal Co. v. Southland Knitting Mills, 73 S.E. 701, 10 Ga. App. 485, 1912 Ga. App. LEXIS 581 (Ga. Ct. App. 1912).

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Opinion

Hill, C. J.

1. A contract contained the following clause: “The J. R. Barnes Coal Company hereby agrees to sell and ship to the Southland Knitting Mills forty ears straight run of mine coal from Brushy Mountain Coal Mines, to be delivered at the rate of three or four cars per month.” The trial judge construed this clause as follows: “A contract of delivery of forty cars of coal to be delivered at the rate of three or four cars per month would imply that there would be required from ten [486]*486to twelve months in delivery at the rate of the three or four ears per month, it being the evident intention of the parties that the shipments should be at intervals comparatively regular.” Held, a reasonable and proper interpretation.

Decided January 15, 1912. Rehearing denied February 12, 1912.

Appeal; from Bibb superior court — Judge Felton.

June 5, 1911. R. S. Wimberly, Mallary & Wimberly, for plaintiff in error. Hardeman, Jones, Callaway & Johnston, contra.

2. Irrespective of the foregoing clause of the contract, there was evidence upon which the jury could have found that the contract had been rescinded by mutual consent, so far as the two cars of coal were concerned.

Judgment affirmed.

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Hill, C. J.

1. A contract contained the following clause: “The J. R. Barnes Coal Company hereby agrees to sell and ship to the Southland Knitting Mills forty ears straight run of mine coal from Brushy Mountain Coal Mines, to be delivered at the rate of three or four cars per month.” The trial judge construed this clause as follows: “A contract of delivery of forty cars of coal to be delivered at the rate of three or four cars per month would imply that there would be required from ten [486]*486to twelve months in delivery at the rate of the three or four ears per month, it being the evident intention of the parties that the shipments should be at intervals comparatively regular.” Held, a reasonable and proper interpretation.

Decided January 15, 1912. Rehearing denied February 12, 1912.

Appeal; from Bibb superior court — Judge Felton.

June 5, 1911. R. S. Wimberly, Mallary & Wimberly, for plaintiff in error. Hardeman, Jones, Callaway & Johnston, contra.

2. Irrespective of the foregoing clause of the contract, there was evidence upon which the jury could have found that the contract had been rescinded by mutual consent, so far as the two cars of coal were concerned.

Judgment affirmed.

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Bluebook (online)

73 S.E. 701, 10 Ga. App. 485, 1912 Ga. App. LEXIS 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-coal-co-v-southland-knitting-mills-gactapp-1912.