118 Ga. 836 | Ga. | 1903
On the 20th of March, 1902, the plaintiffs in error bargained to the defendant in error certain machines, called duplicators, amounting to $116.10, after a certain discount was deducted. The date of the order for these articles was afterwards, changed to April 7th, by consent, for satisfactory reasons, and the order bore this further statement: “Sole Agency for.Macon & Vicinity,” signed “Ernest L. Beck,” who was one of the partners
The Duplicator Company demurred to such part of the defendant’s answer as set forth the special defense outlined above, averring, first, that the facts set up in said answer, if true, constituted in law no defense to the plaintiffs’ action. The Duplicator Company also demurred to the allegation that, “ upon ascertaining said facts,” the defendant offered to return the duplicators, the demurrer being put on the ground that it was not alleged in the defendant’s answer upon what date said alleged tender was made; and, third, the Duplicator Company specially demurred to said part of said answer, on the ground that the damages therein set up were too remote and speculative in their character and incapable of being ascertained by the court, there being no facts presented in said answer on which to base a judgment; and also because the defendant claimed, to have offered to return the articles sold, which would in law amount to a rescission of the contract, and defendant could not thereafter seek to recover damages growing out of a breach of the contract; and, fourth, the Duplicator Company further demurred to said portion of said answer, onvthe ground that it shows no acts on the part of Ernest L. Beck, or the Beck Duplicator Company, which prevented the defendant from selling said duplicators. ' These demurrers to the answer of the defendant were overruled by the court, and in due time the Duplicator Company filed exceptions pendente lite to said ruling of the court. The case then proceeded to trial before a jury, and Beck, one of the plaintiffs, was examined under a commission and substantially
We have thus disposed of all the material exceptions brought to this court, and deem it unnecessary to refer to any others.
Judgment reversed.