Nash v. Truesdel

(After stating the foregoing facts.) 1. The court did not err in overruling the motion for a nonsuit and in refusing to dismiss the petition as amended. A motion for a non-suit is not erroneously denied and a new trial will not be granted where the entire evidence authorizes a verdict for the plaintiff. W. & A. Railroad Co. v. Landers, 142 Ga. 774 (83 S. E. 788); Duncan v. Redd, 14 Ga. App. 306 (80 S. E. 726). It did not appear from the petition as amended that there had been a mutual rescission of the contract and that therefore there was no obligation on the part of the defendant to erect a…