Schuler v. Dearing Chevrolet Co.

(After stating the foregoing facts.) Counsel for both parties rely on Cothran v. Witham, 123 Ga. 190 (supra). The plaintiff relies on this case to support its position that the instrument sued upon is a valid and binding contract. The defendant relies upon this case to support his position that the damages sought are too remote, speculative, and uncertain to form the basis of a recovery. The facts in Cothran v. Witham, supra, are substantially as follows: W. S. Witham, President of the Bank of Cartersville, sold J. C. Cothran 5 shares of capital stock in said bank. At the same time Cothran…