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BURGESS v. SIMMONS

17133, 17147.

207 Ga. 291 (1950)

61 S.E.2d 410

BURGESS et al. v. SIMMONS et al.; et vice versa.

Supreme Court of Georgia.

Rehearing Denied October 13, 1950.

Attorney(s) appearing for the Case

Martin, Snow & Grant, for plaintiffs in error.

James D. Shannon, Carlisle & Bootle, S. Gus Jones, and Kenneth L. Leake, contra.

HEAD, Justice.

1. Counsel for W. H. Simmons offered in evidence the following letter:

"A. T. Small Brick Company Manufacturers of Building Brick Plant Southern R. R. Tracks Macon, Ga., November 28, 1925.

"To Whom It May Concern: All orders and contracts contingent upon strikes, fires, accidents, delays of carriers or other causes beyond our control. Terms: Sight Draft, Bill of Lading...

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