Whitlock v. Gains

Supreme Court of Georgia

Whitlock v. Gains

28 Ga. 25

DecidedMarch 15, 1859

StatusPublished

This text of 28 Ga. 25 (Whitlock v. Gains) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitlock v. Gains, 28 Ga. 25 (Ga. 1859).

Pincite

Opinion

By the Court.

Benning, J.,

delivering the opinion.

The part of the charge excepted to was this : “ And the law presumed that the parties mutually agreed to abandon the contract, in the ¿bsence of proof to the contrary.”

We are not prepared to affirm this part of the charge, [27]*27but, nevertheless, we think it not a sufficient matter to require the granting of a new trial. • There was sufficient evidence to support the verdict; and the verdict was equitable. One man ought not to enjoy another man’s services without paying something for them.

There was no motion for a new trial, consequently, we are not under the constraint of the new trial act of 1854.

Judgment' affirmed.

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