BRANTLEY COMPANY v. Simmons

Pope, Judge.

The Brantley Company, plaintiff below, appeals from the trial court’s grant of Ralph Simmons’ motion for judgment notwithstanding the verdict (j.n.o.v.). The jury had returned a verdict of $15,165.27 on an open account against defendant Simmons and co-defendant Jack Wall. At trial, plaintiff proceeded on the theory that Simmons had represented to its general manager that he and Jack Wall were partners in a farming venture and that Simmons had agreed to “stand good” for Wall’s debt. In his motion for j.n.o.v., Simmons argued that because there was no writing signed by him in which…