145 Ga. 635 | Ga. | 1916
This is an action brought by the Fruit Dispatch Company, a corporation, against Jim Manos, on open account for the purchase-price of a given quantity of bananas. Defendant in his answer admitted that he “ordered the bananas sued for,” but claimed “that the same were to be green fruit, and were to be what is known as S. C. Eights,” whereas the fruit shipped him by plaintiff was ripe and more than half of it was “S. C. Sevens,” worth in the market twenty cents per hundred pounds less than “S. C. Eights,” and plaintiff had charged him, in the aeconnt sued on, the same price for both kinds; that upon arrival of the fruit defendant refused to accept it, and notified plaintiff’s agent, through whom he had ordered it, of the refusal because the same was too ripe, and not “S. C. Eights;” that the agent “then . . verbally agreed with defendant that if defendant would accept said shipment, that it [the plaintiff] would make said bill for the‘S. C.
Judgment reversed.