117 Ga. 131 | Ga. | 1903
The Winston Cigarette Machine Company brought suit against J. L. Dickey and J. J. Morrison, on a contract of which the following is a copy: “This contract, made this 30th day of May, 1900, by and between the Winston Cigarette Machine Company of Winston, N. C., party of the first part, and J. L. Dickey and J. J. Morrison of Atlanta, Georgia, parties of the second part, witnesseth: ' That the said Winston Cigarette Machine Company, for the consideration hereinafter mentioned, hereby sells, conveys, and delivers, f. o. b. Winston, N. C., to the parties of the second part, one Briggs Cigarette Machine, constructed under H. S. Letters Patent, No. 553,507, in good working order, with all usual attachments thereto, which said machine has shop number (119) one hundred and nineteen. The said parties of the second part agree to pay for said machine the sum of $1,500.00, as follows: One hundred dollars per month, payable in advance, for four months, and the residue, to wit $1,100.00, with interest thereon from this date, to be paid four months from this date. If said machine should not make cigarettes as recommended, then after four months from this date the machine shall be returned to the party of the first part at the expense of the party of the second part, and the payments of $100.00 per month made, or due the party of the first part, shall be treated as rental of said machine at the price named.. That the said parties of the second part shall employ at their own expense a person accustomed to the working of said machine, to be furnished by the party of the first part, for such length of time as may secure the safe and proper working of said machine.”
“Winston, N. C., U. S., A., Mar. 26, 1901.
“ Messrs. J. L. Dickey and J. J. Morrison, “The Winston Cigarette Machine Company.
“1900. June 30. To One Briggs Cigarette Machine
No. 119.......... $1500.00
July 10. Freight........... .25
20. To expense of P. S. Preston . . 46.70
To 1/2 Mo. Services Preston . . 50.00
Oct. 10. One third of month’s salary Preston 33.33
Expenses to Atlanta and return Preston 39.60
1684.26
July 20. By cash on account . $13.25
Oct. 8. By cash . 200.00
Oct. 22. By cash on account 96.70 $309.95
Balance due..... 1374.31
14.38
1360.50
The defendants pleaded that the plaintiff had not complied with the contract, that the machine was not reasonably suited to the uses intended, that they offered to return it, which offer was refused; and they prayed that they might by way of recoupment recover from plaintiff damages alleged to have been sustained in operating the machine. At the trial the court directed a verdict for the plaintiff, and this ruling is assigned as error.
Judgment affirmed.