Willis-Wade Co. v. Lowry

Court of Appeals of Georgia

Willis-Wade Co. v. Lowry

241 S.E.2d 461, 144 Ga. App. 606, 1978 Ga. App. LEXIS 1703

CourtCourt of Appeals of Georgia

DecidedJanuary 11, 1978

Docket54797

StatusPublished

Cited by2 cases

This text of 241 S.E.2d 461 (Willis-Wade Co. v. Lowry) 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.

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Willis-Wade Co. v. Lowry, 241 S.E.2d 461, 144 Ga. App. 606, 1978 Ga. App. LEXIS 1703 (Ga. Ct. App. 1978).

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Opinion

Birdsong, Judge.

From an adverse jury verdict, Willis-Wade Co., Inc. appeals. Held:

1. Appellant enumerates as error the trial court’s denial of its motion for directed verdict, as well as the denial of its motion for judgment notwithstanding the verdict. A thorough review of the record and the transcript reveals that the evidence amply supports a finding that appellee was a party to the sales contract signed by her husband, by virtue of an agency relationship, and further, that appellant breached the terms of said contract. The trial court did not err in denying either appellant’s motion for directed verdict or its motion for judgment notwithstanding the verdict. Maloy v. Planter’s Warehouse &c. Co., 142 Ga. App. 69 (2) (234 SE2d 807).

2. Appellee, ". . . having failed to prove that the attorney’s services were of any value whatever, or what a [607]*607reasonable fee for the services would be, is not entitled to recover for this element of his lawsuit.” Talley-Corbett Box Co. v. Royals, 134 Ga. App. 769, 771 (216 SE2d 358). Moreover, "[i]t is error for the trial judge to charge the jury as to issues which are made by the pleadings but unsupported by the evidence. [Cit.]” White v. Hammond, 129 Ga. App. 408, 412 (199 SE2d 809). See White v. Seaboard C.L.R. Co., 139 Ga. App. 833 (229 SE2d 775). In the absence of any evidence whatsoever as to the nature of the services performed by appellee’s attorney, or the reasonable value therefor, the award of attorney fees was improper.

Submitted November 2, 1977 Decided January 11, 1978 Rehearing denied January 26, 1978. Camp, Haddon, King & Jackson, William C. Haddon, for appellant. J. Ralph McClelland, Jr., J. Ralph McClelland, III, for appellee.

3. For the reasons stated above, the trial court did not err in entering judgment on the verdict except insofar as the verdict included attorney fees; viz: $3,000. Accordingly, the judgment of the trial court is affirmed on condition that the plaintiff consent to write off the sum of $3,000 for attorney fees; otherwise reversed.

Judgment affirmed on condition.

Deen, P. J., and Webb, J., concur.

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Birdsong, Judge.

From an adverse jury verdict, Willis-Wade Co., Inc. appeals. Held:

1. Appellant enumerates as error the trial court’s denial of its motion for directed verdict, as well as the denial of its motion for judgment notwithstanding the verdict. A thorough review of the record and the transcript reveals that the evidence amply supports a finding that appellee was a party to the sales contract signed by her husband, by virtue of an agency relationship, and further, that appellant breached the terms of said contract. The trial court did not err in denying either appellant’s motion for directed verdict or its motion for judgment notwithstanding the verdict. Maloy v. Planter’s Warehouse &c. Co., 142 Ga. App. 69 (2) (234 SE2d 807).

2. Appellee, ". . . having failed to prove that the attorney’s services were of any value whatever, or what a [607]*607reasonable fee for the services would be, is not entitled to recover for this element of his lawsuit.” Talley-Corbett Box Co. v. Royals, 134 Ga. App. 769, 771 (216 SE2d 358). Moreover, "[i]t is error for the trial judge to charge the jury as to issues which are made by the pleadings but unsupported by the evidence. [Cit.]” White v. Hammond, 129 Ga. App. 408, 412 (199 SE2d 809). See White v. Seaboard C.L.R. Co., 139 Ga. App. 833 (229 SE2d 775). In the absence of any evidence whatsoever as to the nature of the services performed by appellee’s attorney, or the reasonable value therefor, the award of attorney fees was improper.

Submitted November 2, 1977 Decided January 11, 1978 Rehearing denied January 26, 1978. Camp, Haddon, King & Jackson, William C. Haddon, for appellant. J. Ralph McClelland, Jr., J. Ralph McClelland, III, for appellee.

3. For the reasons stated above, the trial court did not err in entering judgment on the verdict except insofar as the verdict included attorney fees; viz: $3,000. Accordingly, the judgment of the trial court is affirmed on condition that the plaintiff consent to write off the sum of $3,000 for attorney fees; otherwise reversed.

Judgment affirmed on condition.

Deen, P. J., and Webb, J., concur.

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241 S.E.2d 461, 144 Ga. App. 606, 1978 Ga. App. LEXIS 1703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-wade-co-v-lowry-gactapp-1978.

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