Klein v. Crafton

Gardner, Presiding Judge.

We have set out the evidence somewhat in detail. The plaintiff contends that the evidence demands a finding in his favor. It is true that where in a suit on account a plaintiff’s evidence proves the case as laid and the defendant offers no proof of an issuable defense, it is not error for the trial judge to direct a verdict. See Troup Roofing Co. v. Dealers Supply Co., 91 Ga. App. 880 (87 S. E. 2d 358). However, in the instant case the evidence shows a sufficient basis for the jury to return a verdict in favor of the defendant. The facts in the instant case are not…