Garrett v. Booth

Court of Appeals of Georgia

Garrett v. Booth

230 S.E.2d 341, 140 Ga. App. 176, 1976 Ga. App. LEXIS 1387

CourtCourt of Appeals of Georgia

DecidedOctober 25, 1976

Docket52562

StatusPublished

Cited by1 cases

This text of 230 S.E.2d 341 (Garrett v. Booth) 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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Garrett v. Booth, 230 S.E.2d 341, 140 Ga. App. 176, 1976 Ga. App. LEXIS 1387 (Ga. Ct. App. 1976).

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Opinion

Bell, Chief Judge.

The jury returned a verdict for plaintiff in this suit on an oral contract and a judgment was entered accordingly. The single enumeration of error concerns the correctness of the trial court’s ruling in not admitting the testimony of defendánt as to statements made by a third party concerning the oral contract. There was no error. In order to gain admission of these declarations, defendant had to [177]*177show that the third party was plaintiffs agent at the time. Colt Co. v. Wheeler, 31 Ga. App. 427 (5) (120 SE 792). There was no evidence that the declarant was plaintiffs agent.

Submitted September 20, 1976 Decided October 25, 1976. Reinhardt, Whitley & Sims, GlenWhitley, for appellant. Short & Fowler, Larkin M. Fowler, Jr., Crosby & Hege, David Roy Hege, for appellee.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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Bell, Chief Judge.

The jury returned a verdict for plaintiff in this suit on an oral contract and a judgment was entered accordingly. The single enumeration of error concerns the correctness of the trial court’s ruling in not admitting the testimony of defendánt as to statements made by a third party concerning the oral contract. There was no error. In order to gain admission of these declarations, defendant had to [177]*177show that the third party was plaintiffs agent at the time. Colt Co. v. Wheeler, 31 Ga. App. 427 (5) (120 SE 792). There was no evidence that the declarant was plaintiffs agent.

Submitted September 20, 1976 Decided October 25, 1976. Reinhardt, Whitley & Sims, GlenWhitley, for appellant. Short & Fowler, Larkin M. Fowler, Jr., Crosby & Hege, David Roy Hege, for appellee.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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230 S.E.2d 341, 140 Ga. App. 176, 1976 Ga. App. LEXIS 1387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrett-v-booth-gactapp-1976.

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