13 Ga. App. 551 | Ga. Ct. App. | 1913
The American Manufacturing Company brought suit on open account against the Champion Manufacturing Company, a partnership composed of two named persons. The account was made up of 6,333 bag-holders, which had been delivered to and
From the evidence offered in behalf of the plaintiff, it appears that in August; 1911, the plaintiff had manufactured and delivered, in accordance with the contract, 6,333 bag-holders, and had on hand 4,360, for which no shipping instructions had been given by the defendants. The defendants notified the plaintiff that they would be unable to use the remainder of the bag-holders contracted for, and requested that some arrangement be made by which they might be relieved from the. contract or have its • completion postponed until a year later. No agreement was reached by correspondence, and on August 26 one of the defendants went to Chattanooga to
Where the purchaser of goods refuses to take and pay for them, the seller may pursue one of three remedies: he may retain the goods and recover the difference between the contract price and the market price at the time and place for delivery; or he may sell the goods, acting as agent for the purchaser, and recover the difference between the contract price and the price on resale; or he may store or retain the property for the vendee and sue him for the entire' price. Civil Code, § 4131. The contract between the parties in the present ease was an entire one. The plaintiff bought
It was argued by counsel for the plaintiff in error that some items of the account sued on were not connected with the contract of purchase of the bag-holders, and that certainly as to these items the nonsuit was erroneous. It appears, however, from the undis-* puted evidence, that the defendants had paid to the plaintiff $1,820.13. This amount more than paid for the bag-holders which had been delivered, and for all of the other items on the account for which a recovery could be had in this form of action. The plaintiff was not entitled to recover either for the 4,360 bag-holders on hand or for the 39,307 bag-holders which had not been manu faetured. There was. no error in awarding a nonsuit..
Judgment aiJirmed.