Coleman v. Kea

Court of Appeals of Georgia

Coleman v. Kea

78 S.E. 429, 12 Ga. App. 798, 1913 Ga. App. LEXIS 757

CourtCourt of Appeals of Georgia

DecidedJune 10, 1913

Docket4795

StatusPublished

This text of 78 S.E. 429 (Coleman v. Kea) 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

Coleman v. Kea, 78 S.E. 429, 12 Ga. App. 798, 1913 Ga. App. LEXIS 757 (Ga. Ct. App. 1913).

Pincite

Opinion

Pottle, J.

1. A written contract to furnish “lumber enough to build one dwelling-house” is ambiguous; and it is competent to show by parol that the parties had in mind a particular dwelling-house, which they estimated would require not exceeding a given quantity of lumber. If more than this quantity is delivered and accepted, the party receiving it is bound to pay for the excess.

2. The' evidence fully authorized the verdict rendered, and there was no error, of law requiring a new trial. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Pottle, J.

1. A written contract to furnish “lumber enough to build one dwelling-house” is ambiguous; and it is competent to show by parol that the parties had in mind a particular dwelling-house, which they estimated would require not exceeding a given quantity of lumber. If more than this quantity is delivered and accepted, the party receiving it is bound to pay for the excess.

2. The' evidence fully authorized the verdict rendered, and there was no error, of law requiring a new trial. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

78 S.E. 429, 12 Ga. App. 798, 1913 Ga. App. LEXIS 757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-kea-gactapp-1913.