118 Ga. 213 | Ga. | 1903
The record discloses that Strickland, who lived' near Calhoun, Georgia, had received from the defendant in error-two forms of order for goods. One of these was a form for ordering a car-load of drills with proper attachments; the other, for ordering-one drill. Strickland kept these order blanks for two or three weeks, and then, according to his testimony, suddenly concluded that as the season for selling drills was at hand, he would sign one of the orders. He intended to sign the order for the single drill, but, having both before him, he by mistake signed the order for the carload of drills, thinking he was signing the other. The reason for his immediate hurry was that some one was passing on the way to-town, and he signed in haste that he might give the order to the passer-by to take to one Neal, who was to mail it to the defendant in error. Some time later Strickland discovered his mistake, either by receiving a communication from the defendant in error or because of information received from Neal. After he ascertained that he had signed the wrong paper and had ordered a carload of drills when he intended to order but one, he claimed that he wrote a letter notifying the defendant in error of the mistake and instructing them not to fill the order. This letter, if any such
The order sent to the defendant in error contained an agreement on the part of Strickland to give two notes for the purchase-price of the drills it being stipulated that these notes were to be received, not in payment, but merely as evidence of the indebtedness. In December, 1898, an agent of the defendant in error met Strickland in Calhoun. There Strickland signed two notes covering his indebtedness under the contract. The notes not being paid at maturity, suit was brought on them in the superior court of Gordon county-Strickland filed two defenses: (1) That he had made a mistake in ordering the car-load of drills and had notified plaintiff of such mistake and countermanded the order; and (2) that he had declined to sign the notes until the agent of the plaintiff gave him whisky and made him drunk, when he signed the notes without knowing what he' was doing. The evidence relating to the plea of mistake and the rescission of the contract on that ground has already been re
Judgment affirmed.