Padgett v. Collins

89 Ga. App. 769 (1954)

81 S.E.2d 309

PADGETT

v.

COLLINS.

34902.

Court of Appeals of Georgia.

Decided March 12, 1954.

Anderson & Trapnell, for plaintiff in error.

Williams & Smith, George H. Lane, contra.

QUILLIAN, J.

1. The evidence has been set out somewhat in detail because it consists only of the testimony of the plaintiff, and it is all material to the sole issue to be determined, which is whether or not the trial court erred in granting a nonsuit. It is well settled that, even though a petition may not set out a cause of action, if the plaintiff proves every fact charged, without at the same time…