Hessig-Ellis Drug Co. v. Bush

Court of Appeals of Georgia

Hessig-Ellis Drug Co. v. Bush

83 S.E. 642, 15 Ga. App. 433, 1914 Ga. App. LEXIS 136

Court of Appeals of Georgia·Decided December 9, 1914·No. 5537·Published

Opinion

Russell, C. J.

Though the evidence on the part of the defendant was weak, there was sufficient testimony to raise the issue as to whether the beverage received by him from the plaintiff was a non-alcoholic beverage, of the kind described in the contract under which it was purchased, or was an alcoholic and intoxicating beverage (see Hessig-Ellis Drug Co. v. Bush, 10 Ga. App. 588 (3), 73 S. E. 1097) ; and the jury having found with him on this issue, we can not judicially say that their verdict was erroneous. Judgment affirmed.

Broyles, J., not presiding.

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Russell, C. J.

Though the evidence on the part of the defendant was weak, there was sufficient testimony to raise the issue as to whether the beverage received by him from the plaintiff was a non-alcoholic beverage, of the kind described in the contract under which it was purchased, or was an alcoholic and intoxicating beverage (see Hessig-Ellis Drug Co. v. Bush, 10 Ga. App. 588 (3), 73 S. E. 1097) ; and the jury having found with him on this issue, we can not judicially say that their verdict was erroneous. Judgment affirmed.

Broyles, J., not presiding.

Hessig-Ellis Drug Co. v. Bush, 83 S.E. 642, 15 Ga. App. 433, 1914 Ga. App. LEXIS 136 (Ga. Ct. App. 1914).

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