Interstate Chemical Corp. v. Slade & Treadwell

Court of Appeals of Georgia

Interstate Chemical Corp. v. Slade & Treadwell

93 S.E. 422, 20 Ga. App. 776, 1917 Ga. App. LEXIS 1080

CourtCourt of Appeals of Georgia

DecidedAugust 3, 1917

Docket8881

StatusPublished

This text of 93 S.E. 422 (Interstate Chemical Corp. v. Slade & Treadwell) 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

Interstate Chemical Corp. v. Slade & Treadwell, 93 S.E. 422, 20 Ga. App. 776, 1917 Ga. App. LEXIS 1080 (Ga. Ct. App. 1917).

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Opinion

Broyles, P. J.

1. The' court erred in admitting in evidence, over timely and appropriate objections of the defendant, certain letters written by the defendant to a brokerage Arm which at the time of the writing of the letters had no connection with the plaintiff brokerage Arm.-

2. The plaintiffs contended that under section 3587 of the Civil Code of 1910 they were entitled to commissions on all goods sold through them to the defendant and accepted by the latter, irrespective of whether the goods were ever delivered. On the other hand, it was the defendant’s contention that it had a special contract with the plaintiffs, under which the latter were to receive commisions on such goods only as were delivered to the former. There was evidence to support each of these contentions, and it was not clear what was the actual understanding and intention of the parties in this respect. This question, therefore, should have been submitted to the jury, and the court erred in directing a verdict in favor of the plaintiffs.

Judgment reversed.

JenlUns and Bloodworth, J.J., concur.

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Broyles, P. J.

1. The' court erred in admitting in evidence, over timely and appropriate objections of the defendant, certain letters written by the defendant to a brokerage Arm which at the time of the writing of the letters had no connection with the plaintiff brokerage Arm.-

2. The plaintiffs contended that under section 3587 of the Civil Code of 1910 they were entitled to commissions on all goods sold through them to the defendant and accepted by the latter, irrespective of whether the goods were ever delivered. On the other hand, it was the defendant’s contention that it had a special contract with the plaintiffs, under which the latter were to receive commisions on such goods only as were delivered to the former. There was evidence to support each of these contentions, and it was not clear what was the actual understanding and intention of the parties in this respect. This question, therefore, should have been submitted to the jury, and the court erred in directing a verdict in favor of the plaintiffs.

Judgment reversed.

JenlUns and Bloodworth, J.J., concur.

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Bluebook (online)

93 S.E. 422, 20 Ga. App. 776, 1917 Ga. App. LEXIS 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/interstate-chemical-corp-v-slade-treadwell-gactapp-1917.