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eBook details

• Title: Rivers v. Cole Corporation
• Author : Court of Appeals of Georgia
• Release Date : January 17, 1952
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Cole Corporation filed suit against E. D. Rivers Jr., trading as Radio Station WEAS, for balance allegedly due on a written contract attached to the petition. The contract calls for the plaintiff to furnish the defendant with a record library of 1200 selections to be used on commercial or sustaining programs, and to remain the property of the plaintiff; the contract to be for a period of three years, beginning as of the first day of one month after the station goes on the air commercially, the plaintiff further agreeing to augment the library by one album of at least 20 selections each month during the life of the contract. The defendant agreed to pay $492 per year for this service in monthly sums of $41.00 payable in advance upon the date the contract begins. The radio station commenced to operate commercially on August 20, 1947. On November 12, 1947, the defendant wrote the plaintiff as follows: ""You may consider this notice of termination of my contract with your company for the use of your library service. We have found the library to be of very little use to us due to its contents and makeup. I am basing my cancellation on your failure to perform under section 1 of the contract in which you specifically agree to augment the library as set out in this section. We have been on the air five months and to my knowledge have received only three albums."" The defendant admitted owing for three months, or $123. After considerable correspondence as to whether the contract could be canceled, the defendant on June 22, 1948, sent a check for $82 marked, ""Aug. rental paid. Sept., Oct. paid. Bal. due (Nov.) $41."" He then, on August 30, 1948, sent a check for $41 marked ""November rental, 1947. Account paid in full."" These checks were cashed and the proceeds retained by the plaintiff. Suit was brought for the balance of the three-year contract, the plaintiff having in the meantime continued to forward monthly supplements in spite of the defendant's instructions to the contrary. Upon a trial of the case the jury returned a verdict for the plaintiff. A motion for a new trial on the general grounds only was overruled, and the exception is to this judgment.

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