Legal Opinion

Corona v. DeLaval Separator Co.

Court of Appeals of Georgia

Decided January 27, 1920No. 10792PublishedCited by 6 opinions

Trover; from city court of Savannah—Judge Rourke. June 13, 1919. DeLaval Separator Company brought trover against Corona for an “emulsor” sold by the plaintiff to the defendant for $525 and alleged to be of that value, in which, under the terms of two promissory notes of the defendant for $162.50 each, given for a balance due on the purchase price, title was reserved in the vendor until payment of the notes.

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Trover; from city court of Savannah—Judge Rourke. June 13, 1919. DeLaval Separator Company brought trover against Corona for an “emulsor” sold by the plaintiff to the defendant for $525 and alleged to be of that value, in which, under the terms of two promissory notes of the defendant for $162.50 each, given for a balance due on the purchase price, title was reserved in the vendor until payment of the notes. The defendant in his answer “admits that he refuses to deliver said machinery to the plaintiff for the following reason:” It was sold to him as a complete and up-to-date emulsifier,—that…

1Opinion of the CourtBloodwokth, J.

1. “A ground of a motion for new trial in which error is assigned on the exclusion of certain testimony is insufficient when it does not appear from the ground itself that the exclusion of the testimony was prejudicial to the complaining party.” Campbell v. Walker, 20 Ga. App. 88 (4) (92 S. E. 545). “Tinder repeated decisions of this court and of the Supreme Court, *685each special ground of a motion for a new trial must be complete within itself; and when so incomplete as to require a reference to the brief of the evidence, or to some other portion of the record, in order to determine what was…

2Cases cited4 opinions

  1. McCall v. StateCourt of Appeals of Georgia · 1919
  2. Campbell v. WalkerCourt of Appeals of Georgia · 1917
  3. Chambers & Co. v. WalkerSupreme Court of Georgia · 1888
  4. Carter v. American Slicing Machine Co.Court of Appeals of Georgia · 1919

3Cited by6 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Martin v. McAfee & Co.Court of Appeals of Georgia · 1924
  3. City of LaGrange v. CotterCourt of Appeals of Georgia · 1923
  4. Bussell v. WilliamsCourt of Appeals of Georgia · 1921
  5. Gammon v. StateCourt of Appeals of Georgia · 1921

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