111 Ga. 146 | Ga. | 1900
It appears from the record that J. J. & J. E. Maddox, of Atlanta, Ga‘., executed and delivered to a soliciting-agent of Edward H. Wagner, of New York, a written order for goods. It authorized and directed Wagner to “import and ship
Without entering into a detailed discussion of the various grounds of this motion, it is sufficient to say that the case turned upon the construction of the written order given by the defendants to the plaintiff’s agent. The trial judge based his instructions to the jury upon the theory that this order authorized the plaintiff, without further notification from the defendants, not only to import, but to ship, the goods; and, that upon his so doing, J. J. & J. E. Maddox became at once bound to accept and pay for the same. We do not think this was the legal effect of the contract embraced in this order. It is quite true that the defendants had no right to arbitrarily cancel the order. Obviously they could not do this in the face of the express stipulation that “import orders are not subject to cancellation.” It is likewise clear that Wagner, after receiving the order, was fully authorized, without further direction from the defendants, to at once import the goods, and for the loss, if any,"thusarising the defendants were undoubtedly liable. ' But, lirider the
Judgment reversed.