Smith & Co. v. Columbia Jewelry Co.

Supreme Court of Georgia

Smith & Co. v. Columbia Jewelry Co.

40 S.E. 735, 114 Ga. 698, 1902 Ga. LEXIS 765

CourtSupreme Court of Georgia

DecidedFebruary 6, 1902

StatusPublished

Cited by9 cases

This text of 40 S.E. 735 (Smith & Co. v. Columbia Jewelry Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith & Co. v. Columbia Jewelry Co., 40 S.E. 735, 114 Ga. 698, 1902 Ga. LEXIS 765 (Ga. 1902).

Pincite

Opinion

Little, J.

1. A petition in the name of the “ Columbia Jewelry Company ” as plaintiff is amendable so as to show that the company is a partnership composed of individuals.

2. Even if an order for merchandise, procured by fraudulent representations made by an agent of the seller, authorized only to take and receive orders, is open, to cancellation on account of such fraud, the countermand must be delivered to the seller and not the agent.

3. Sending a countermand to such agent, with no attempt to communicate the same directly to the principal, is not sufficient to effect a rescission of the order.

4. Under the undisputed facts of the present case, there was no error in direct-

ing a verdict.

Judgment affirmed.

All the Justices concurring.

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