Thomas N. Baker Lumber Co. v. Atlantic Mill & Lumber Co.

107 S.E. 899, 27 Ga. App. 145, 1921 Ga. App. LEXIS 737

Opinion

Bloodworth, J.

When this case was first before this court (24 Ga. App. 749, 102 S. E. 135), it was held, that, “ as the evidence admitted made a prima facie case for the plaintiff, it was error for the trial judge to grant a nonsuit.” This ruling became the law of the case, and we are bound by it. We do not find such a material difference in the evidence on the two trials as to authorize us now to say that the trial judge did not err in granting a nonsuit on the last trial, especially in view of the evidence of the plaintiff in reference to certain commissions.

Judgment reversed.

Broyles, C. J., and Luke, J., concur.