Whited v. Atlanta Coca-Cola Bottling Co.

1. It is conceded that the nonsuit is based on the proposition that the evidence, both direct and circumstantial, is insufficient to show that the bottle of Coca-Cola purchased by the plaintiff through the vending machine was a bottle of Coca-Cola sold by the defendant to 'the Downtown Chevrolet Company’s vending machine. Let us first see the pleadings regarding this issue. Paragraph 3 of the petition pertaining to this issue alleges: “That the defendant did, on the date set out hereafter, or some date prior, thereto, deliver such sealed bottles of Coca-Cola in a quantity ¡to. a place of…