Ludden & Bates Southern Music House v. Toney

Court of Appeals of Georgia

Ludden & Bates Southern Music House v. Toney

156 S.E. 706, 42 Ga. App. 434, 1931 Ga. App. LEXIS 807

CourtCourt of Appeals of Georgia

DecidedJanuary 13, 1931

Docket20995

StatusPublished

Cited by1 cases

This text of 156 S.E. 706 (Ludden & Bates Southern Music House v. Toney) 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

Ludden & Bates Southern Music House v. Toney, 156 S.E. 706, 42 Ga. App. 434, 1931 Ga. App. LEXIS 807 (Ga. Ct. App. 1931).

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Opinion

Broyles, C. J.

When this case was here before, this court held-that no rescission of the contract was shown; that the defendant's plea of a total failure of consideration was not sustained by the evidence; that the plaintiff was entitled to the direction of a verdict in its favor for the full amount sued for; and that the verdict in favor of the defendant for $170 (the amount of the installment payments made by the defendant) and interest was contrary to law and the evidence. See 39 Ga. App. 488-490 (147 S. E. 719.). The foregoing rulings, whether right or wrong, have become the law of this ease and are binding on this court. On the trial now under review the evidence was different in some particulars from that adduced on the previous trial, but on the controlling issues of the case the evidence on both trials was substantially the same. It follows that the verdict for $170 in favor of the defendant was unauthorized, and that the refusal to grant a new trial was error. Upon another trial of the ease if the evidence adduced should be substantially the same as upon the two preceding trials, a verdict should be directed in favor of the plaintiff for the full amount sued for.

Judgment reversed.

Lulce and Bloodworth, JJ., concur.

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Broyles, C. J.

When this case was here before, this court held-that no rescission of the contract was shown; that the defendant's plea of a total failure of consideration was not sustained by the evidence; that the plaintiff was entitled to the direction of a verdict in its favor for the full amount sued for; and that the verdict in favor of the defendant for $170 (the amount of the installment payments made by the defendant) and interest was contrary to law and the evidence. See 39 Ga. App. 488-490 (147 S. E. 719.). The foregoing rulings, whether right or wrong, have become the law of this ease and are binding on this court. On the trial now under review the evidence was different in some particulars from that adduced on the previous trial, but on the controlling issues of the case the evidence on both trials was substantially the same. It follows that the verdict for $170 in favor of the defendant was unauthorized, and that the refusal to grant a new trial was error. Upon another trial of the ease if the evidence adduced should be substantially the same as upon the two preceding trials, a verdict should be directed in favor of the plaintiff for the full amount sued for.

Judgment reversed.

Lulce and Bloodworth, JJ., concur.

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156 S.E. 706, 42 Ga. App. 434, 1931 Ga. App. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ludden-bates-southern-music-house-v-toney-gactapp-1931.

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