Buckeye Cotton-Oil Co. v. Murphy & Sons

Court of Appeals of Georgia

Buckeye Cotton-Oil Co. v. Murphy & Sons

129 S.E. 553, 34 Ga. App. 363, 1925 Ga. App. LEXIS 266

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1925

Docket16137

StatusPublished

This text of 129 S.E. 553 (Buckeye Cotton-Oil Co. v. Murphy & Sons) 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

Buckeye Cotton-Oil Co. v. Murphy & Sons, 129 S.E. 553, 34 Ga. App. 363, 1925 Ga. App. LEXIS 266 (Ga. Ct. App. 1925).

Pincite

Opinion

Stephens, J.

1. In a suit by the seller against the purchaser, to recover - the purchase price of cottonseed sold by the ton and delivered to the purchaser, evidence that the purchaser, after the execution of the contract and before delivery by the seller of any of the cottonseed contracted to be sold, made a parol agreement with the seller to the effect that the seed should be weighed upon the seller’s scales, was competent as an admission by the purchaser as to the correctness of the weights of the seed when weighed upon the seller’s scales.

2. The testimony of a salesman as to the weight of a commodity sold by him is not rendered inadmissible because he has not subscribed to the oath required of him as a salesman of such a commodity under section 1844 of the Civil Code (1910).

3. Under the above rulings the court did not err in the charge to the jury, or in admitting certain testimony objected to by the defendant.

4. The verdict found for the plaintiff was authorized by the' evidence.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

1. In a suit by the seller against the purchaser, to recover - the purchase price of cottonseed sold by the ton and delivered to the purchaser, evidence that the purchaser, after the execution of the contract and before delivery by the seller of any of the cottonseed contracted to be sold, made a parol agreement with the seller to the effect that the seed should be weighed upon the seller’s scales, was competent as an admission by the purchaser as to the correctness of the weights of the seed when weighed upon the seller’s scales.

2. The testimony of a salesman as to the weight of a commodity sold by him is not rendered inadmissible because he has not subscribed to the oath required of him as a salesman of such a commodity under section 1844 of the Civil Code (1910).

3. Under the above rulings the court did not err in the charge to the jury, or in admitting certain testimony objected to by the defendant.

4. The verdict found for the plaintiff was authorized by the' evidence.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

129 S.E. 553, 34 Ga. App. 363, 1925 Ga. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckeye-cotton-oil-co-v-murphy-sons-gactapp-1925.