Elyea-Austell Co. v. Jackson Garage

The Elyea-Austell Company sued the Jackson Garage, of Jackson, Georgia, a partnership, upon an account, and the jury returned a verdict in favor of the plaintiff, but only for a portion of the amount claimed. Thereupon the plaintiff moved for a new trial; and it excepts to the judgment overruling this motion.

Upon the trial the plaintiff’s president testified to the correctness of the account as stated. Among other defenses, the defendants sought to recoup damages on account of an alleged breach of one of the stipulations of the contract between the parties; and it appears, from the verdict,…