O'Connor v. Bradford

Court of Appeals of Georgia

O'Connor v. Bradford

96 S.E.2d 511, 94 Ga. App. 852, 1957 Ga. App. LEXIS 944

CourtCourt of Appeals of Georgia

DecidedJanuary 8, 1957

Docket36297

StatusPublished

Cited by2 cases

This text of 96 S.E.2d 511 (O'Connor v. Bradford) 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

O'Connor v. Bradford, 96 S.E.2d 511, 94 Ga. App. 852, 1957 Ga. App. LEXIS 944 (Ga. Ct. App. 1957).

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Opinion

Felton, C. J.

Paragraph 6 of the plaintiff’s original petition, which paragraph was stricken from the petition by amendment, and which was later introduced in evidence by the defendant, alleged that the Norwood Realty Company, Inc., did “adopt said purchase for its own”, had purchased materials for the improvement of the said subdivision “through defendant-contractor”, and had from time to time paid the plaintiff for such purchases. [860]*860“Admissions contained in a stricken plea may be introduced in evidence by the opposite party. Such admissions when thus made are to be taken as true, because they are asserted by the party himself; and while the party may withdraw them formally from the pleadings, he can not by a mere withdrawal avoid the effect of the admissions, since they may still be used as evidence against him. Cooley v. Abbey, 111 Ga. 439, 443 (36 S. E. 786).” Stallings v. Britt, 204 Ga. 260 (2) (49 S. E. 2d 517). Suffice it to say without an elaboration that the evidence taken with the plaintiff’s admission was sufficient to present a question for a jury’s determination as to whether the purchases were made by O’Connor as an individual or whether they were purchased by Norwood Realty Company, Inc., through J. J. O’Connor, and it was error for the court to direct a verdict for the plaintiff. The court erred in denying the defendant’s motion for a new trial.

Judgment reversed.

Quillian and Nichols, JJ., concur.

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Felton, C. J.

Paragraph 6 of the plaintiff’s original petition, which paragraph was stricken from the petition by amendment, and which was later introduced in evidence by the defendant, alleged that the Norwood Realty Company, Inc., did “adopt said purchase for its own”, had purchased materials for the improvement of the said subdivision “through defendant-contractor”, and had from time to time paid the plaintiff for such purchases. [860]*860“Admissions contained in a stricken plea may be introduced in evidence by the opposite party. Such admissions when thus made are to be taken as true, because they are asserted by the party himself; and while the party may withdraw them formally from the pleadings, he can not by a mere withdrawal avoid the effect of the admissions, since they may still be used as evidence against him. Cooley v. Abbey, 111 Ga. 439, 443 (36 S. E. 786).” Stallings v. Britt, 204 Ga. 260 (2) (49 S. E. 2d 517). Suffice it to say without an elaboration that the evidence taken with the plaintiff’s admission was sufficient to present a question for a jury’s determination as to whether the purchases were made by O’Connor as an individual or whether they were purchased by Norwood Realty Company, Inc., through J. J. O’Connor, and it was error for the court to direct a verdict for the plaintiff. The court erred in denying the defendant’s motion for a new trial.

Judgment reversed.

Quillian and Nichols, JJ., concur.

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Bluebook (online)

96 S.E.2d 511, 94 Ga. App. 852, 1957 Ga. App. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oconnor-v-bradford-gactapp-1957.

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