Home/Supreme Court of Georgia/Southern Printers' Supply Co. v. Felker

Southern Printers' Supply Co. v. Felker

54 S.E. 193, 125 Ga. 148, 1906 Ga. LEXIS 79
CourtSupreme Court of Georgia
DecidedMarch 28, 1906
StatusPublished
Cited by12 cases

This text of 54 S.E. 193 (Southern Printers' Supply Co. v. Felker) 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
Southern Printers' Supply Co. v. Felker, 54 S.E. 193, 125 Ga. 148, 1906 Ga. LEXIS 79 (Ga. 1906).

Opinion

Lumpkin, J.

1. Where suit was brought on an open account for an indebtedness, and on the trial it appeared that there was a written contract between the parties, which was introduced, and the evidence for the-plaintiff was to the effect that there had been complete performance by it of its part of the contract and nothing remained to be done but for the defendant to make payment, it was error to grant a nonsuit. Hancock v. Ross, 18 Ga. 304; Tumlin v. Bass Furnace Co., 93 Ga. 594; Burch v. Harrell, Id. 719; Johnson v. Quin, 52 Ga. 485; Schmidt v. Wambacker, 62 Ga. 321.

2. The case of Blue v. Ford, 12 Ga. 45, has been distinguished from rulings-of the character here made, on the ground that the plaintiff had not fully completed his contract. Tumlin v. Bass Furnace Co., 93 Ga. 598.

Judgment reversed.

All the Justices concur, except Atkinson, J., who did not preside. Clifford Walker, for plaintiff.

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Bluebook (online)
54 S.E. 193, 125 Ga. 148, 1906 Ga. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-printers-supply-co-v-felker-ga-1906.