82 Ga. 438 | Ga. | 1889
The notes sued upon were given by Ely to the phosphate company for the purchase price of commercial fertilizers. The case was decided below upon an agreed state of facts, from which it appears that Ely, by letter from Camilla, Georgia, to the- Phosphate Company at Charleston, South Carolina, made inquiry as to the prices of their fertilizers. In reply, they wrote to him enclosing their printed circular of prices; whereupon he again wrote, requesting -them to ship to Camilla, Georgia, a certain quantity of their fertilizers at the prices named in their circular. On this order, they placed upon the cars at Charleston, South Carolina, consigned to him at Camilla on a through bill of' lading, the fertilizers embraced in the order. He received them at Camilla, and thereupon, at the same place, executed his notes and forwarded them to the company. He is a farmer, and purchased the fertilizers for his own use. The sole plea which he has interposed is, that the fertilizers were not inspected according to the laws of this State. The court held the notes invalid, and thereupon rendered judgment for the defendant.
The judgment of the court below is reversed, with direction to enter judgment in favor of the plaintiff upon all the notes.
Judgment reversed.