Mallary Mill Supply Co. v. Carton Belting Co.

Court of Appeals of Georgia

Mallary Mill Supply Co. v. Carton Belting Co.

80 S.E. 696, 14 Ga. App. 314, 1914 Ga. App. LEXIS 239

CourtCourt of Appeals of Georgia

DecidedJanuary 27, 1914

Docket5312

StatusPublished

This text of 80 S.E. 696 (Mallary Mill Supply Co. v. Carton Belting 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.

Bluebook

Mallary Mill Supply Co. v. Carton Belting Co., 80 S.E. 696, 14 Ga. App. 314, 1914 Ga. App. LEXIS 239 (Ga. Ct. App. 1914).

Pincite

Opinion

Russell, C. J.

The action was based upon the theory that the defendant, which' had previously been the plaintiff’s sales agent, contracted to assume liability for certain belting upon open account, as purchaser thereof; and the action was brought as a suit upon an account. The trial judge directed a verdict for the plaintiff. Since the evidence did not demand the finding that there was a novation of the original contract as the plaintiff contended, it was error to direct a verdict.

Judgment reversed.

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Russell, C. J.

The action was based upon the theory that the defendant, which' had previously been the plaintiff’s sales agent, contracted to assume liability for certain belting upon open account, as purchaser thereof; and the action was brought as a suit upon an account. The trial judge directed a verdict for the plaintiff. Since the evidence did not demand the finding that there was a novation of the original contract as the plaintiff contended, it was error to direct a verdict.

Judgment reversed.

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Bluebook (online)

80 S.E. 696, 14 Ga. App. 314, 1914 Ga. App. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mallary-mill-supply-co-v-carton-belting-co-gactapp-1914.