Kerr Glass Mfg. Co. v. Americus Grocery Co.

Court of Appeals of Georgia

Kerr Glass Mfg. Co. v. Americus Grocery Co.

92 S.E. 1012, 20 Ga. App. 267, 1917 Ga. App. LEXIS 858

CourtCourt of Appeals of Georgia

DecidedJune 15, 1917

Docket8178

StatusPublished

This text of 92 S.E. 1012 (Kerr Glass Mfg. Co. v. Americus Grocery 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

Kerr Glass Mfg. Co. v. Americus Grocery Co., 92 S.E. 1012, 20 Ga. App. 267, 1917 Ga. App. LEXIS 858 (Ga. Ct. App. 1917).

Pincite

Opinion

Jenkins, J.

It appearing that in a former suit on open-account for the purchase price of certain personal property the defendant, in substance, really entered only one defense, and this court having so adjudged,—viz, the defense that the goods purchased were worthless, and that the defendant’s right to a rescission depended entirely on the establishment of that plea, a finding for the defendant in that suit precludes the maintenance of a subsequent action in trover for the recovery of the same property. See report of the former case—Kerr Glass Mfg. Co. v. Americas Grocery Co., 13 Ga. App. 512 (7) 515 (79 S. E. 381).

Judgment affirmed.

Broyles, P. J., and Blood-worth, J., concur.

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

Jenkins, J.

It appearing that in a former suit on open-account for the purchase price of certain personal property the defendant, in substance, really entered only one defense, and this court having so adjudged,—viz, the defense that the goods purchased were worthless, and that the defendant’s right to a rescission depended entirely on the establishment of that plea, a finding for the defendant in that suit precludes the maintenance of a subsequent action in trover for the recovery of the same property. See report of the former case—Kerr Glass Mfg. Co. v. Americas Grocery Co., 13 Ga. App. 512 (7) 515 (79 S. E. 381).

Judgment affirmed.

Broyles, P. J., and Blood-worth, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

92 S.E. 1012, 20 Ga. App. 267, 1917 Ga. App. LEXIS 858, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerr-glass-mfg-co-v-americus-grocery-co-gactapp-1917.

Opinion

Related

Cite This Page — Counsel Stack