Southern Cotton Oil Co. v. Brown

Court of Appeals of Georgia

Southern Cotton Oil Co. v. Brown

87 S.E. 921, 17 Ga. App. 643, 1916 Ga. App. LEXIS 827

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1916

Docket6613

StatusPublished

This text of 87 S.E. 921 (Southern Cotton Oil Co. v. Brown) 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

Southern Cotton Oil Co. v. Brown, 87 S.E. 921, 17 Ga. App. 643, 1916 Ga. App. LEXIS 827 (Ga. Ct. App. 1916).

Pincite

Opinion

Russell, C. J.

Where goods sold on a written contract specifying the future date when they are to be paid for are duly delivered by the seller to the carrier by whom delivery is to be made, the seller has, so complied with his contract as to be entitled to recover the price of the goods. This right is not defeated by reason of the fact that the seller, after shipping the goods, may have written to the buyer that he would draw for the money at a time earlier than that specified in the contract, and for that reason the buyer refused to take the goods from the carrier. The buyer’s duty was to take the goods, as the letter from the seller could not have the effect of making the buyer pay for the goods sooner than 'the time specified in the contract, unless he voluntarily chose to honor the draft. Judgment reversed.

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Russell, C. J.

Where goods sold on a written contract specifying the future date when they are to be paid for are duly delivered by the seller to the carrier by whom delivery is to be made, the seller has, so complied with his contract as to be entitled to recover the price of the goods. This right is not defeated by reason of the fact that the seller, after shipping the goods, may have written to the buyer that he would draw for the money at a time earlier than that specified in the contract, and for that reason the buyer refused to take the goods from the carrier. The buyer’s duty was to take the goods, as the letter from the seller could not have the effect of making the buyer pay for the goods sooner than 'the time specified in the contract, unless he voluntarily chose to honor the draft. Judgment reversed.

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Bluebook (online)

87 S.E. 921, 17 Ga. App. 643, 1916 Ga. App. LEXIS 827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-cotton-oil-co-v-brown-gactapp-1916.