Rome Sand & Gravel Co. v. Ellis

Court of Appeals of Georgia

Rome Sand & Gravel Co. v. Ellis

155 S.E. 785, 42 Ga. App. 268, 1930 Ga. App. LEXIS 329

CourtCourt of Appeals of Georgia

DecidedOctober 7, 1930

Docket20671

StatusPublished

This text of 155 S.E. 785 (Rome Sand & Gravel Co. v. Ellis) 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

Rome Sand & Gravel Co. v. Ellis, 155 S.E. 785, 42 Ga. App. 268, 1930 Ga. App. LEXIS 329 (Ga. Ct. App. 1930).

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Opinion

Broyles, C. J.

Under the written contract between the parties and the other facts of the case, the defendants were entitled to set off their claim of $1122 (railroad demurrage charges paid by them) against the claim of the plaintiff, which amounted to $1118.95. It follows that the verdict in favor of the plaintiff was unauthorized, and that the refusal to grant a new trial was error. In view of this ruling, which is controlling in the case, the special grounds of the motion for a new trial are not passed upon.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

Under the written contract between the parties and the other facts of the case, the defendants were entitled to set off their claim of $1122 (railroad demurrage charges paid by them) against the claim of the plaintiff, which amounted to $1118.95. It follows that the verdict in favor of the plaintiff was unauthorized, and that the refusal to grant a new trial was error. In view of this ruling, which is controlling in the case, the special grounds of the motion for a new trial are not passed upon.

Judgment reversed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

155 S.E. 785, 42 Ga. App. 268, 1930 Ga. App. LEXIS 329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rome-sand-gravel-co-v-ellis-gactapp-1930.