Patrick v. Shields

Court of Appeals of Georgia

Patrick v. Shields

73 S.E. 703, 10 Ga. App. 506, 1912 Ga. App. LEXIS 593

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1912

Docket3673

StatusPublished

This text of 73 S.E. 703 (Patrick v. Shields) 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

Patrick v. Shields, 73 S.E. 703, 10 Ga. App. 506, 1912 Ga. App. LEXIS 593 (Ga. Ct. App. 1912).

Pincite

Opinion

Hill, C. J.

1. Where suit was brought for the price of an engine sold under verbal contract, and the evidence for the plaintiff showed that the engine had been delivered to the buyer, who accepted and used it for several months, the court did not err in charging that if this was true, the contract was not within the statute of frauds. Civil Code (1910), § 3222, subsection 7.

2. Grounds in the motion for a new trial not verified will not be considered.

3. The evidence was in conflict on the only issue of fact, to wit, whether the contract was one of sale or of rental, and the law applicable to this issue was correctly charged. The verdict will not be disturbed.'

Judgment affirmed.

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Hill, C. J.

1. Where suit was brought for the price of an engine sold under verbal contract, and the evidence for the plaintiff showed that the engine had been delivered to the buyer, who accepted and used it for several months, the court did not err in charging that if this was true, the contract was not within the statute of frauds. Civil Code (1910), § 3222, subsection 7.

2. Grounds in the motion for a new trial not verified will not be considered.

3. The evidence was in conflict on the only issue of fact, to wit, whether the contract was one of sale or of rental, and the law applicable to this issue was correctly charged. The verdict will not be disturbed.'

Judgment affirmed.

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Bluebook (online)

73 S.E. 703, 10 Ga. App. 506, 1912 Ga. App. LEXIS 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patrick-v-shields-gactapp-1912.