Martin v. Georgia Stone & Tile Manufacturing, Inc.

Quillian, Chief Judge.

Plaintiff brought an action seeking to recover under the terms of an oral contract to construct a fireplace. The defendant corporation answered and the case came on for a bench trial. After the completion of plaintiffs presentation of evidence, the defendant moved for a dismissal and judgment in its favor pursuant to Civil Practice Act § 41 (b) (Code Ann. § 81A-141 (b); Ga. L. 1966, pp. 609, 653). The trial judge sustained the motion, dismissing plaintiffs complaint and granting judgment for the defendant upon the ground that the plaintiff had shown no right to relief.…