Legal Opinion

Schmidt v. Wambacker

Supreme Court of Georgia

Decided February 15, 1879PublishedCited by 12 opinions

Contracts. Pleadings. Evidence. New trial. Before •Judge Tompkins. McIntosh Superior Court. April Term, 1878. Wambaeker & Weil sued Schmidt on an open account including a variety of articles, cash, household necessaries, ■etc., leaving, after deducting credits, a balance of $1,036.42. Defendant pleaded the general issue and set-off.

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Contracts. Pleadings. Evidence. New trial. Before •Judge Tompkins. McIntosh Superior Court. April Term, 1878. Wambaeker & Weil sued Schmidt on an open account including a variety of articles, cash, household necessaries, ■etc., leaving, after deducting credits, a balance of $1,036.42. Defendant pleaded the general issue and set-off. On the trial, the evidence for the plaintiffs was to the following ■effect: In August, 1875, defendant came to plaintiffs, stated that he was going away, and requested them to supply a certain Mr. Wylly, who was engaged by defendant to do •certain work for him,…

1Opinion of the Court

Warner, Chief Justice.

The plaintiff sued the defendant on an open account for $1,036.42, and on the trial of the case the jury, under the charge of the court, found a verdict fqrthe plaintiffs for the sum of $635.42. A motion was made for a new trial on the several grounds therein stated, which was overruled, and the defendant excepted.

1. As to the necessity of declaring upon and proving the alleged special contract insisted on by defendant, see Johnson vs. Quinn, administrator, 52 Ga. 485.

2. There was no error in allowing the plaintiffs to testify as to the articles sold and delivered to the…

2Cases cited3 opinions

  1. Williams v. Kelsey & HalstedSupreme Court of Georgia · 1849
  2. Johnson v. QuinSupreme Court of Georgia · 1874
  3. Allen & Co. v. Georgia National BankSupreme Court of Georgia · 1878

3Cited by12 opinions

  1. Talbotton Railroad v. GibsonSupreme Court of Georgia · 1898
  2. Lawson v. Williamson Coal & Coke Co.West Virginia Supreme Court · 1907
  3. Tumlin v. Bass Furnace Co.Supreme Court of Georgia · 1894
  4. Hilliard v. Douglas Oil FieldsWyoming Supreme Court · 1912
  5. Clackum v. StateCourt of Appeals of Georgia · 1936

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