8 Ga. App. 400 | Ga. Ct. App. | 1910
Castlen sued Marsbburn in the citjr court of La-Grange, for $209.28, the alleged value of 1,308 peách crates sold and shipped to the defendant by the plaintiff. The jury found a
Here the property bought by the defendant from the plaintiff was delivered by the plaintiff to the railroad, according to defendant’s directions, addressed to the defendant. The defendant refused to accept the crates or to pay for them. Tinder these circumstances what was the seller to do? What did he have a right to do? What did the law authorize him to d.o? What remedy would give him just and adequate compensation for. his performance of his part of the contract? If he was required under the law, as contended by counsel for defendant, to retain the
The learned trial judge, in his order granting a new trial, states that under his “view of the law, the evidence does not show any such storage or retention of tlie crates by the vendor for the vendee as would authorize the recovery of the full purchase price of the crates.” We do not agree with this view of the law, under the evidence. We think that the course adopted by the plaintiff, upon the failure of the defendant to comply with his contract and accept and pay for the crates, was fully authorized by law, and was the onty remedy under which he could recover adequate compensation for the damages which he had incurred by the breach of the contract on the part of the defendant. He left the goods with the railroad compan}»". This is not a case where the goods ordered remained in the hands of the seller unshipped, with, no expense incurred, and where the order was countermanded. In that case the seller can be fairly compensated by either of the remedies provided by § 3551 of the Civil Code. Here the goods had been shipped and had arrived at their destination before they were refused. Expenses of shipping and freight charges had been incurred, and it seems to us clear that any remedy which would require the seller, under these facts, to bear ,the loss of freight and expenses which, under the contract, he was not to bear, would have been inadequate and unjust. In our opinion; tlie last remedy given to the seller under § 3551, supra, fully authorizes this suit in form and substance. As very pertinently and strongly suggested by the learned counsel for the plaintiff in error in his most excellent brief: “The seller had complied with every agree-
Judgment reversed.