Cowan Supply Co. v. Gant

Court of Appeals of Georgia

Cowan Supply Co. v. Gant

255 S.E.2d 89, 149 Ga. App. 616, 1979 Ga. App. LEXIS 1957

CourtCourt of Appeals of Georgia

DecidedApril 13, 1979

Docket57333

StatusPublished

This text of 255 S.E.2d 89 (Cowan Supply Co. v. Gant) 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.

Bluebook

Cowan Supply Co. v. Gant, 255 S.E.2d 89, 149 Ga. App. 616, 1979 Ga. App. LEXIS 1957 (Ga. Ct. App. 1979).

Pincite

Opinion

Underwood, Judge.

Cowan Supply Company brought suit to recover $15,881.97, the amount allegedly due for materials and supplies delivered to defendant but not paid for. The trial court found that the total amount of payments made to plaintiff, together with the value of property recovered by plaintiff, equaled or exceeded the amount alleged to be due and entered judgment for defendant. On appeal, plaintiff contends that the trial court erred by finding that it failed to give full credit for materials returned, as the evidence before the court was too vague and equivocal to support such a finding. Plaintiff contends that on the contrary, the evidence demanded judgment for plaintiff. We affirm.

It is true that the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him when it is self-contradictory, vague or equivocal. Callaway v. Armour, 208 Ga. 136 (65 SE2d 585) (1951). However, the testimony in this case supports the findings of the trial court, and the enumeration of error is without merit.

Judgment affirmed.

Banke, P. J., and Carley, J., concur. Albert B. Wallace, for appellee.

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

Underwood, Judge.

Cowan Supply Company brought suit to recover $15,881.97, the amount allegedly due for materials and supplies delivered to defendant but not paid for. The trial court found that the total amount of payments made to plaintiff, together with the value of property recovered by plaintiff, equaled or exceeded the amount alleged to be due and entered judgment for defendant. On appeal, plaintiff contends that the trial court erred by finding that it failed to give full credit for materials returned, as the evidence before the court was too vague and equivocal to support such a finding. Plaintiff contends that on the contrary, the evidence demanded judgment for plaintiff. We affirm.

It is true that the testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him when it is self-contradictory, vague or equivocal. Callaway v. Armour, 208 Ga. 136 (65 SE2d 585) (1951). However, the testimony in this case supports the findings of the trial court, and the enumeration of error is without merit.

Judgment affirmed.

Banke, P. J., and Carley, J., concur. Albert B. Wallace, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

255 S.E.2d 89, 149 Ga. App. 616, 1979 Ga. App. LEXIS 1957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cowan-supply-co-v-gant-gactapp-1979.

Opinion

Related

Cite This Page — Counsel Stack