137 Ga. 411 | Ga. | 1912
George W. Muller Manufacturing Company sued Ji. 0. Benton for $175, the price of certain second-hand bank ■fixtures which the plaintiff claimed were sold to the defendant for the Planters and Merchants Bank, of Warrenton, Ga. At the ■conclusion of the evidence introduced by the plaintiff, the defendant moved for a nonsuit, which was granted by the court on ■the ground that there was never a complete contract — that the minds of the parties did not meet as to the exact terms of the sale. 'To this ruling the plaintiff sued out a bill of exceptions.
“Warrenton, Ga., 4/9/1907.
“Mess. Geo. W. 'Muller Co., Atlanta, Ga.
“Dear Sirs: Mr. Benton advises me that he has bought the fixtures for Planters & Merchants Bank, Warrenton, Ga., from you. We are now ready for same. Can you give us any promise as to when we may expect them? *
“Yours truly, J. C. Evans, Cashier.”
“Mr. J. C. Evans, Cashier, April 11th, 1907.
“Planters & Merchants Bank, Warrenton, Ga.
“Dear Sir: Replying to yours of the 9th in reference to the second-handed fixtures bought by your Mr. L. 0. Benton, we wish to say we will make shipment of same not later than day after to-morrow. Trusting this will be satisfactory, we are
“Yours very truly, G.-W. Muller Mfg. Co.”
On the day following the last letter the plaintiff wrote the defendant as follows: “Enclosed we hand you B/Lading of shipment of fixtures bought for the Planters & Merchants Bank, Warrenton, Ga. Please send us N. Y. Exchange of purchase-price, $175.00.” And under date of April 15th plaintiff wrote the defendant, that, having had a letter from the bank instructing it to ship the fixtures at once, they had been shipped as per instructions and invoice and bill of lading sent tb defendant, for which it requested a check from the defendant. Thereupon, under date of April 19th, the defendant wrote, saying: “I am some*415 wliat surprised at your favor of the 12th inst., enclosing B/L for fixtures shipped to Planters & Merchants Bank at Warrenton, Ga. I have your letter in which you absolutely refused to ship them until you first had in hand my check to cover them; and upon receipt of this letter, we began to figure on other fixtures. Mr. Evans of Warrenton left early this week for Talladega, Ala., to see the set down there, and will return by Columbus, Ga. I have not heard from him yet as to what he did. • He will in all probability buy either the Talladega set or at Columbus. In the meantime, however, I will endeavor to place the set shipped Warrenton elsewhere.”
Plaintiff then tendered in evidence certain letters written by plaintiff to the defendant after the shipment of the goods to the bank at Warrenton, requesting payment for the goods, calling attention to their former correspondence, requesting remittance in payment of the purchase-price, asking for explanation as to why the defendant did not honor certain drafts, and stating that “legal steps” would be taken unless payment were made; also a letter from the plaintiff to the agent of the Georgia Railroad, acknowledging receipt of a notice of a return shipment of sixteen pieces of old bank fixtures from Warrenton, Ga., by the Merchants & Planters Bank, and giving notice that the plaintiff company refused to accept this shipment.
The court refused to admit in evidence the letters by the plaintiff company to the defendant subsequently to the date on which the shipment of the bank fixtures was made to Warrenton, except the letters of April 12th and 15th, as hereinabove set forth; and this ruling is assigned as error. We think, however, that these letters were properly excluded. As between the plaintiff and' the defendant, the rights of the parties (that is, of the plaintiff to demand payment and the liability of the defendant to make payment) were to be considered and determined in the light of the facts and circumstances as they existed at the time of the shipment of the bank fixtures to Warrenton, Ga., upon receipt by the plaintiff of the letter from Evans, cashier, hereinabove set out. Mere statements in letters of the plaintiff’s understanding of the contract and demands by it on the defendant, and threats of legal procedure, though made to the defendant himself, could not create any liability on the part of the defendant, in the absence of
Judgment affirmed■