Peachtree North Apartments Company v. Arkhora Associates Inc.

Court of Appeals of Georgia

Peachtree North Apartments Company v. Arkhora Associates Inc.

230 S.E.2d 83, 140 Ga. App. 20, 1976 Ga. App. LEXIS 1334

Court of Appeals of Georgia·Decided October 18, 1976·No. 52781·Published·Cited by 6 cases

Opinion

Clark, Judge.

Appellee brought suit against appellants to recover money due under a contract for services. The trial court, sitting without a jury, entered judgment for the appellee. Held:

1. Where there is any evidence to support the findings and judgment of the trial court sitting without a jury the appellate courts of Georgia will not interfere with that judgment. Pinkerton & Laws Co. v. Atlantis Realty Co., 128 Ga. App. 662, 665 (1) (197 SE2d 749); Kingston Development Co. v. Kenerly, 132 Ga. App. 346, 348 (1) *21 (208 SE2d 118). The trial transcript herein contains such evidence. Accordingly, appellant’s first enumeration of error is without merit.

Argued October 6, 1976 Decided October 18, 1976. Raiford, Hills, Billington & McKeithen, Richard A. Hills, Jr., J. Tyler Tippett, for appellants. Bryan, Wilgus & Spell, L. Penn Spell, Jr., for appellee.

2. The trial court admitted into evidence over appellant’s objections time sheets kept by appellee. The testimony of appellee’s corporate officer was that these records were kept in the normal course of appellee’s business. The variation between appellee’s corporate name and that appearing on the time sheets was explained by the witness and is of no consequence. There was no error in admitting those documents under the business records exception to the hearsay rule. Code Ann. § 38-711. Enumeration of error 2 is without merit.

Judgment affirmed.

Bell, C. J., andStolz,J., concur.

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Clark, Judge.

Appellee brought suit against appellants to recover money due under a contract for services. The trial court, sitting without a jury, entered judgment for the appellee. Held:

1. Where there is any evidence to support the findings and judgment of the trial court sitting without a jury the appellate courts of Georgia will not interfere with that judgment. Pinkerton & Laws Co. v. Atlantis Realty Co., 128 Ga. App. 662, 665 (1) (197 SE2d 749); Kingston Development Co. v. Kenerly, 132 Ga. App. 346, 348 (1) *21 (208 SE2d 118). The trial transcript herein contains such evidence. Accordingly, appellant’s first enumeration of error is without merit.

Argued October 6, 1976 Decided October 18, 1976. Raiford, Hills, Billington & McKeithen, Richard A. Hills, Jr., J. Tyler Tippett, for appellants. Bryan, Wilgus & Spell, L. Penn Spell, Jr., for appellee.

2. The trial court admitted into evidence over appellant’s objections time sheets kept by appellee. The testimony of appellee’s corporate officer was that these records were kept in the normal course of appellee’s business. The variation between appellee’s corporate name and that appearing on the time sheets was explained by the witness and is of no consequence. There was no error in admitting those documents under the business records exception to the hearsay rule. Code Ann. § 38-711. Enumeration of error 2 is without merit.

Judgment affirmed.

Bell, C. J., andStolz,J., concur.

Peachtree North Apartments Company v. Arkhora Associates Inc., 230 S.E.2d 83, 140 Ga. App. 20, 1976 Ga. App. LEXIS 1334 (Ga. Ct. App. 1976).

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230 S.E.2d 83 (Peachtree North Apartments Company v. Arkhora Associates Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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