Duke v. Cason
Court of Appeals of Georgia
Trover; from city court of Polk county — Judge Tison. October 16, 1919. Duke, the plaintiff, testified: that the oral sale agreement was finally arrived at in his storeroom, and that Cason, the defendant, called upon certain persons then present (witnesses in the case) to witness the statement of its terms as made by the plaintiff.
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Trover; from city court of Polk county — Judge Tison. October 16, 1919. Duke, the plaintiff, testified: that the oral sale agreement was finally arrived at in his storeroom, and that Cason, the defendant, called upon certain persons then present (witnesses in the case) to witness the statement of its terms as made by the plaintiff. “ I told them I sold Mr. Cason everything I. had there, with some stuff I had reserved, and went ahead and called over what I had reserved there in the store, some garden tools, some hogs and cow and canned syrup — four or live gallons, I forget which now. So I…
1Opinion of the CourtJenkins, P. J.
1. “ A nonsuit should not be awarded, even though evidence be introduced in behalf of the plaintiff which is vague and contradictory, if a recovery for any amount, no matter how small, may be authorized by any reasonable inference which may be drawn by the jury from any of the testimony.” Pendleton v. Atlantic Lumber Co., 3 Ga. App. 714 (1) (60 S. E. 377). This being a controversy over whether two bales of cotton and some syrup for which the plaintiff was suing in trover were included in a sale by him of his farming and store business to the defendant, and the evidence of the plaintiff…
2Cases cited1 opinion
- Pendleton Bros. v. Atlantic Lumber Co.Court of Appeals of Georgia · 1908
3Cited by6 opinions
- Bunch v. City of MaconCourt of Appeals of Georgia · 1922
- Cason v. DukeCourt of Appeals of Georgia · 1922
- John A. Pope Motor Co. v. RobertsCourt of Appeals of Georgia · 1955
- A. H. Massey, Inc. v. Diamond Electric & Supply Corp.Court of Appeals of Georgia · 1962
- Morris v. Peachtree Heights Park Co.Court of Appeals of Georgia · 1928
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