Legal Opinion

Bagwell v. Milam

Court of Appeals of Georgia

Decided June 7, 1911No. 2854PublishedCited by 25 opinions

Action on contract; from city court of Atlanta — Judge Calhoun. June 21, 1910. The petition of Milam alleged, that on October 11, 1907, the defendant, Bagwell, made a parol contract with him for a period of 12 months, under which he was to teach telegraphy in the defendant’s school, in the city of Atlanta, at a stipulated, salary of $60 a month and 10 per cent, of the gross receipts derived from the teaching of telegraphy, that on that day he began his work at the school,…

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Action on contract; from city court of Atlanta — Judge Calhoun. June 21, 1910. The petition of Milam alleged, that on October 11, 1907, the defendant, Bagwell, made a parol contract with him for a period of 12 months, under which he was to teach telegraphy in the defendant’s school, in the city of Atlanta, at a stipulated, salary of $60 a month and 10 per cent, of the gross receipts derived from the teaching of telegraphy, that on that day he began his work at the school, and that the defendant wrongfully discharged him on the 1st day of February, 1908. The suit was for the remainder of his…

1Opinion of the CourtHill, C. J.

(After stating the foregoing facts.) 1. The evidence fully supported the allegations made'by the plaintiff, although in sharp conflict; and unless some material error of law, prejudicial to the defendant, was committed in the trial of the case, the verdict must stand.

3. The motion for a new trial complains of the following extract from the charge of the court: “If you believe, from the evidence in the case, that Bagwell and Milam entered into a contract on the 11th day of October, 1907, whereby Milam was to teach in the school of Bagwell’s Business College in the department of telegraphy, and…

2Cases cited1 opinion

  1. Bentley v. SmithCourt of Appeals of Georgia · 1907

3Cited by25 opinions

  1. Ely v. Stratoflex, Inc.Court of Appeals of Georgia · 1974
  2. Hudson v. Venture Industries, Inc.Supreme Court of Georgia · 1979
  3. Hudson v. Venture Industries, Inc.Court of Appeals of Georgia · 1978
  4. Sherman v. StephensCourt of Appeals of Georgia · 1923
  5. George v. McCurdyCourt of Appeals of Georgia · 1931

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