Beavers v. Barfield

Court of Appeals of Georgia

Beavers v. Barfield

84 S.E.2d 459, 90 Ga. App. 839, 1954 Ga. App. LEXIS 828

Court of Appeals of Georgia·Decided October 14, 1954·No. 35290·Published

Opinion

Felton, C. J.

1. There being evidence authorizing a finding that the original indebtedness of the defendant had been paid in full, and that the renewal notes sued on by the plaintiff were without consideration, the court did not err in charging on this subject.

2. The court erred in submitting to the jury the question whether the contracts sued on had been rescinded by the parties, and the question whether the plaintiff had released the defendant from the obligations sued on, as there was no evidence authorizing a jury to find in favor of a rescission or a release. Therefore the court erred in denying the motion' for a new trial.

Judgment reversed.

Quillian and Nichols, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Felton, C. J.

1. There being evidence authorizing a finding that the original indebtedness of the defendant had been paid in full, and that the renewal notes sued on by the plaintiff were without consideration, the court did not err in charging on this subject.

2. The court erred in submitting to the jury the question whether the contracts sued on had been rescinded by the parties, and the question whether the plaintiff had released the defendant from the obligations sued on, as there was no evidence authorizing a jury to find in favor of a rescission or a release. Therefore the court erred in denying the motion' for a new trial.

Judgment reversed.

Quillian and Nichols, JJ., concur.

Beavers v. Barfield, 84 S.E.2d 459, 90 Ga. App. 839, 1954 Ga. App. LEXIS 828 (Ga. Ct. App. 1954).

Pincite

84 S.E.2d 459 (Beavers v. Barfield) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.