Lenox Drug Co. v. New England Jewelry Co.
Court of Appeals of Georgia
Complaint; from city court of Nashville — Judge Christian. October 12, 1914.
1Opinion of the CourtBroyles, J.
1. While the construction of a written contract is a duty for the court to perform, a new trial will not be granted where the court submits the contract to the jury and it is properly construed by them. Main v. Simmons, 2 Ga. App. 821 (59 S. E. 85). In this case we think the jury properly construed the contract.
2. The defendant, having pleaded an express warranty, will not be heard to complain that the court charged upon this subject.
3. The other instruction complained of, when considered in connection with the entire charge and the evidence in the ease, contains no error.
*477Decided June 25,…
2Cases cited3 opinions
- Georgia Railway & Electric Co. v. DoughertyCourt of Appeals of Georgia · 1908
- Main v. SimmonsCourt of Appeals of Georgia · 1907
- Satterfield v. AyersCourt of Appeals of Georgia · 1912
3Cited by7 opinions
- Hart v. StateSupreme Court of Georgia · 1971
- McCoy v. ScarboroughCourt of Appeals of Georgia · 1946
- Saxon v. TolandCourt of Appeals of Georgia · 1966
- Jefferson Ins. Co. of New York v. DunnCourt of Appeals of Georgia · 1997
- Southern Railway Co. v. RayCourt of Appeals of Georgia · 1922
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