Bostwick v. Massee & Felton Lumber Co.

Court of Appeals of Georgia

Bostwick v. Massee & Felton Lumber Co.

71 S.E. 499, 9 Ga. App. 363, 1911 Ga. App. LEXIS 554

CourtCourt of Appeals of Georgia

DecidedJune 7, 1911

Docket3028

StatusPublished

Cited by1 cases

This text of 71 S.E. 499 (Bostwick v. Massee & Felton Lumber Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bostwick v. Massee & Felton Lumber Co., 71 S.E. 499, 9 Ga. App. 363, 1911 Ga. App. LEXIS 554 (Ga. Ct. App. 1911).

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Opinion

Rowell, J.

1. Although it is the duty of the trial judge to construe a written contract, still if, instead of doing so, he submits the contract to the jury for construction, the judgment will not be reversed therefor, where it appears that the proper construction would have been adverse to the contention of the complaining party. Moss Mfg. Co. v. Carolina Portland Cement Co., 1 Ga. App. 232 (57 S. E. 914).

2. In this case, upon a proper construction of the contract, a verdict in favor of the plaintiff was demanded; and in this view the alleged errors in the rulings of the court are harmless, even if the rulings complained of were in any wise erroneous. Judgment affirmed.

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Rowell, J.

1. Although it is the duty of the trial judge to construe a written contract, still if, instead of doing so, he submits the contract to the jury for construction, the judgment will not be reversed therefor, where it appears that the proper construction would have been adverse to the contention of the complaining party. Moss Mfg. Co. v. Carolina Portland Cement Co., 1 Ga. App. 232 (57 S. E. 914).

2. In this case, upon a proper construction of the contract, a verdict in favor of the plaintiff was demanded; and in this view the alleged errors in the rulings of the court are harmless, even if the rulings complained of were in any wise erroneous. Judgment affirmed.

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71 S.E. 499, 9 Ga. App. 363, 1911 Ga. App. LEXIS 554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostwick-v-massee-felton-lumber-co-gactapp-1911.

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