122 Ga. 369 | Ga. | 1905
1. A local custom of merchant brokers, charging $10 per car on goods bought by them for sale from shippers, is not binding on a nonresident shipper unless it be shown that he had knowledge of such custom and consented to the same. See Horan v. Strachan, 86 Ga. 408; Miller v. Moore, 83 Ga. 684.
2. Where one buys produce from another who lives in a foreign State, and agrees to pay the market price of such produce existing in two certain towns, naming them, it is inadmissible for the purchaser, in a suit brought by the seller for the price of the produce, to prove the market price in a town not named in the contract, though such town be within a distance of ten miles of one of the towns specified. Having agreed to pay the market price of the two towns named, the purchaser is bound thereby.
Judgment affirm,ed.
