132 Ga. 700 | Ga. | 1909
Mallet & Nutt brought suit against Watkins for •damages, alleging substantially as follows: The defendant ex-executed and delivered to W. M. Mallet a contract of which the following is a copy: “I agree to sell W. M. Mallet 25 bales of middling cotton at 7% cents., delivered at his. warehouse during November and October, 1900. 4/2/1900. Jackson, Ga. B. F. Watkins.” The plaintiffs were transferees of this contract under a transfer dated Oct. 6, 1903, made by the administrator of W. M. Mallet. The defendant refused to perform the contract, and the plaintiffs allege that the market price of cotton during the months of October and November was more than 7% cents per pound, and the plaintiffs sued to recover the difference between such contract price and the market price. Upon the
Judgment affirmed.