Abrams v. McCall Co., 72 S.E. 64 (Ga. Ct. App. 1911). · Go Syfert
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Abrams v. McCall Co., 72 S.E. 64 (Ga. Ct. App. 1911). Cases Citing This Book View Copy Cite
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Abrams
v.
McCall Co.
3447.
Court of Appeals of Georgia.
Sep 11, 1911.
Published opinion
72 S.E. 64
1911 Ga. App. LEXIS 298
Elkins & Wall, for plaintiff in error., Griffin & Griffin, J. J. Bull, contra.
Powell.
Published
Powell, J.

1. Viewed in the light of the criteria announced in the case of Florence Wagon Works v. Salmon, 8 Ga. App. 197 (68 S. E. 866), and cases there cited, the amount claimed in the petition as liquidated damages was penalty, and the demurrer to the portion of the petition ■which sought a recovery therefor should have been sustained.

2. So. far as the petition sought to recover for the purcliase-price of goods sold and delivered, it was not subject to the demurrer.

Judgment affirmed in pari, and reversed in part.