Evans & Pennington v. Scofield's Sons Co.
Supreme Court of Georgia
Complaint. Before Judge Carter. City court of Baxley. October 29, 1903. J. S. Scofield’s Sons Company ’ sued Evans & Pennington on an open account. The defendants filed a plea denying all the material averments of the petition. The only evidence introduced at the trial was the testimony of J. S. Scofield. He testified, on direct examination, that from his connection with the plaintiff, he was “ familiar with the account sued on,” and that it was correct, due, and unpaid.
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Complaint. Before Judge Carter. City court of Baxley. October 29, 1903. J. S. Scofield’s Sons Company ’ sued Evans & Pennington on an open account. The defendants filed a plea denying all the material averments of the petition. The only evidence introduced at the trial was the testimony of J. S. Scofield. He testified, on direct examination, that from his connection with the plaintiff, he was “ familiar with the account sued on,” and that it was correct, due, and unpaid. On cross-examination he testified : “Evans & Pennington did not give us any verbal order for these goods. I have seen…
1Opinion of the CourtCobb, J.
If the case rested upon the testimony given upon the direct examination of the sole, witness for the plaintiff, a judgment for the plaintiff would have been authorized. But upon cross-exmination it distinctly appears that the inference which would naturally be drawn from the testimony upon the direct examination, — that is, that the witness had sold for the plaintiff to the defendants the goods in question, — was unauthorized, and that the witness really knew nothing of his own knowledge about the sale of the articles. Such being the case, the statement that the account was correct, due, and…
2Cases cited1 opinion
- Evans v. MillsSupreme Court of Georgia · 1904
3Cited by17 opinions
- Reaves v. Columbus Electric & Power Co.Court of Appeals of Georgia · 1924
- Wallis v. WatsonSupreme Court of Georgia · 1937
- Linder v. RenfroeCourt of Appeals of Georgia · 1907
- Spruell v. Georgia Automatic Gas Appliance Co.Court of Appeals of Georgia · 1951
- Robertson v. Carroll Furniture Co.Court of Appeals of Georgia · 1936
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