Howkins v. Atlanta Baggage & Cab Co.

Hall, Judge.

In granting the plaintiff’s motion for summary judgment against the defendant and leaving the amount of the damages to the jury, the trial court necessarily determined that the defendant breached the contract in permitting his employee to drive the rented automobile and consequently that the amount of damages was not limited to $100 under paragraph 7 of the contract quoted above. The plaintiff contends that the contract unambiguously prohibited the automobile being driven by the defendant’s employee, calling special attention to paragraph 10(f), which provides: “The Renter agrees…