Legal Opinion

Rounsaville v. Wagner

Supreme Court of Georgia

Decided August 27, 1892PublishedCited by 2 opinions

Contract. Action. Limitation. Before Judge Meyeriiardt. City court of Floyd county. Wagner sued Rounsaville & Brother on April 23, 1891, on an account dated January 1, 1888, for services rendered, putting in fire protection in warehouse, $100 principal, and interest for three years. The defendants pleaded not indebted, and the statute of limitations.

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Contract. Action. Limitation. Before Judge Meyeriiardt. City court of Floyd county. Wagner sued Rounsaville & Brother on April 23, 1891, on an account dated January 1, 1888, for services rendered, putting in fire protection in warehouse, $100 principal, and interest for three years. The defendants pleaded not indebted, and the statute of limitations. The jury found for the plaintiff $65 with interest from January 1, 1888. The defendants moved for a new trial; the motion was overruled, and they excepted. The grounds of the motion are, that the verdict is contrary to law and evidence; that it…

1Opinion of the Court

*30 Judgment reversed,.

Rounsaville testified: Called in plaintiff and stated purpose and plan to him; told him we wanted him to order the pipe for us, and occasionally pass through the warehouse and see that the work was done right; and that we should have the benefits of best discounts given, and he agreed we should have them; knew he was in the employ of the city; told him when he had copapleted the work, would pay him for his trouble; if we failed to agree, would leave it to other parties. He ordered only part of the pipe, and employed Spencer & Company to do the work of putting it in. When…

2Cited by2 opinions

  1. Henderson v. StateCourt of Appeals of Georgia · 2013
  2. Jones v. Combustion Engineering, Inc.Court of Appeals of Georgia · 1984

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