Howard Inc. v. Nalley & Co.

1. The law of this case was settled in a prior decision of this court. See Howard Inc. v. Nalley, 44 Ga. App. 311 (161 S. E. 380).

2. “An error in the admission of testimony tending to support a fact over which there is no conflict in the evidence is immaterial.” Niagara Fire Insurance Co. v. Williams, 1 Ga. App. 603 (57 S. E. 1018). The defendant pleaded in the instant case that the contract sued on was induced by fraud on the part of the plaintiff in falsely representing that the plaintiff’s agent “had sold a like order” to a competitor in the business, and that it was necessary for the…