43 Ga. App. 126 | Ga. Ct. App. | 1931
The 5th headnote only will be elaborated. The Columbus Bagging & Tie Company sued the Steel Union Company for the alleged breach' of a written contract for the purchase of cotton ties by the plaintiff from the defendant. The petition alleges that the defendant breached the contract of sale by delivering ties to the buyer at Savannah, Georgia, that were not reasonably suited for the purpose intended, in that the ties were rusty when the ship conveying them arrived at Savannah on June 26, 1929, and before the buyer obtained title to the ties. The contract contained
The foregoing ruling is controlling in the case, and the several allegations in the petition as to other minor breaches of the contract by the shipper are immaterial. The court did not err in sustaining the general demurrer to the declaration as amended and
Judgment affirmed.