Cadranel v. Wildwood Construction Company

Frankum, Judge.

1. “Regardless of whether a petition sets

out a cause of action, if the plaintiff proves every fact charged, without at the same time disproving his right to recover by establishing the existence of other undisputed facts which show that he is not entitled to a verdict, it is not proper to award a nonsuit.” Clark v. Bandy, 196 Ga. 546 (27 S. E. 2d 17).

2. The fact that there is a conflict in the testimony of the plaintiff and of certain of his witnesses is, not a good ground for a nonsuit, if there is sufficient evidence in favor of the plaintiff to present an issue of fact for…