Diamondhead Corp. v. Robinson

Birdsong, Judge.

Appellee, a former salesman employed by appellant, brought suit against appellant for a sum of money due him under an alleged oral agreement for sales generated during the year 1974. The case was originally heard in the Civil Court of Fulton County, where the court directed a verdict in favor of the appellant. A new trial was granted, sua sponte, at which the jury found that the appellee was entitled to recover the sum due him under the alleged agreement. Held:

1. Appellant enumerates as error the trial court’s refusal to direct a verdict on the ground of failure of…