Wheeler v. Lovett

Court of Appeals of Georgia

Wheeler v. Lovett

132 S.E. 921, 35 Ga. App. 325, 1926 Ga. App. LEXIS 1130

CourtCourt of Appeals of Georgia

DecidedApril 20, 1926

Docket16860

StatusPublished

This text of 132 S.E. 921 (Wheeler v. Lovett) 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

Wheeler v. Lovett, 132 S.E. 921, 35 Ga. App. 325, 1926 Ga. App. LEXIS 1130 (Ga. Ct. App. 1926).

Pincite

Opinion

Stephens, J.

1. In a suit in trover by a vendor against the purchaser, to recover the property sold, to which the vendor had retained title, the amount due upon the debt was recoverable as damages. The evidence authorized the finding for the plaintiff in this amount.

2. Where in such a case the jury found for the plaintiff in an amount representing the balance due on the purchase-money, and an additional amount as interest due to the date of the verdict, an exception in the defendant’s motion for a new trial to that portion of the charge of the court which directed the jury, in the event of recovery, to find interest, if it showed error at all, showed none where the plaintiff wrote off from the verdict the amount so found as interest.

Judgment affirmed.

Jenldns, P. J., and Bell, J., concur.

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Stephens, J.

1. In a suit in trover by a vendor against the purchaser, to recover the property sold, to which the vendor had retained title, the amount due upon the debt was recoverable as damages. The evidence authorized the finding for the plaintiff in this amount.

2. Where in such a case the jury found for the plaintiff in an amount representing the balance due on the purchase-money, and an additional amount as interest due to the date of the verdict, an exception in the defendant’s motion for a new trial to that portion of the charge of the court which directed the jury, in the event of recovery, to find interest, if it showed error at all, showed none where the plaintiff wrote off from the verdict the amount so found as interest.

Judgment affirmed.

Jenldns, P. J., and Bell, J., concur.

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Bluebook (online)

132 S.E. 921, 35 Ga. App. 325, 1926 Ga. App. LEXIS 1130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-lovett-gactapp-1926.