27 Ga. App. 409 | Ga. Ct. App. | 1921
Gabriel L. Sakakeeny sued the Chatham Ice Cream Company, alleging, in part, that in April, 1919, the Ice Cream Company entered into a contract with him for three carloads of ice-cream cones at $4.25 per thousand, f. o. b. cars St. Louis, Mo., each car to contain 600 cases, and each case to contain 1000 cones, the same to be delivered by August 1, 1919, and shipment to be .made at any time between the date of the order and August 1, 1919, in carload lots only; that the plaintiff shipped in May one carload of cones, as provided for in the contract, which carload was received and accepted by the defendant in part
The petition set forth a cause of action, and the demurrer was properly overruled.
Judgment affirmed.