Surrency v. Glennville Supply Co.

Court of Appeals of Georgia

Surrency v. Glennville Supply Co.

78 S.E. 1013, 13 Ga. App. 180, 1913 Ga. App. LEXIS 93

CourtCourt of Appeals of Georgia

DecidedAugust 12, 1913

Docket4793

StatusPublished

Cited by1 cases

This text of 78 S.E. 1013 (Surrency v. Glennville Supply 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

Surrency v. Glennville Supply Co., 78 S.E. 1013, 13 Ga. App. 180, 1913 Ga. App. LEXIS 93 (Ga. Ct. App. 1913).

Pincite

Opinion

Russell, J.

1. The defendant in the lower court, in his plea, alleged that he had previously filed,'and that there was then pending, an action in trover for the recovery of the cotton for the conversion of which he sought to recoup damages as against the suit brought by the plaintiff upon his note. The defendant was concluded by his election, and the court did not err in striking the plea, even if it was not an attempt to set off damage arising from a tort committed by the plaintiff as against a suit upon the contract. “Where one has an option either to affirm or to disaffirm a sale, and exercises this option, he is bound by his election.” Kennedy v. Manry, 6 Ga. App. 816 (66 S. E. 29). The defendant’s election to proceed in trover was conclusive and constituted an absolute bar to the maintenance of the defense he sought to set up. Rowe v. Sam Weichselbaum Co., 3 Ga. App. 504 (60 S. E. 275).

2. A correct judgment will not be reversed even if the reason stated for its rendition is incorrect or insufficient. Judgment affirmed.

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

Russell, J.

1. The defendant in the lower court, in his plea, alleged that he had previously filed,'and that there was then pending, an action in trover for the recovery of the cotton for the conversion of which he sought to recoup damages as against the suit brought by the plaintiff upon his note. The defendant was concluded by his election, and the court did not err in striking the plea, even if it was not an attempt to set off damage arising from a tort committed by the plaintiff as against a suit upon the contract. “Where one has an option either to affirm or to disaffirm a sale, and exercises this option, he is bound by his election.” Kennedy v. Manry, 6 Ga. App. 816 (66 S. E. 29). The defendant’s election to proceed in trover was conclusive and constituted an absolute bar to the maintenance of the defense he sought to set up. Rowe v. Sam Weichselbaum Co., 3 Ga. App. 504 (60 S. E. 275).

2. A correct judgment will not be reversed even if the reason stated for its rendition is incorrect or insufficient. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

78 S.E. 1013, 13 Ga. App. 180, 1913 Ga. App. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surrency-v-glennville-supply-co-gactapp-1913.

Opinion

Related

Cite This Page — Counsel Stack