Legal Opinion

Hessig-Ellis Drug Co. v. Bush

Court of Appeals of Georgia

Decided December 9, 1914No. 5537Published

Complaint; from city court of Miller county—Judge Geer. February 7, 1914.

1Opinion of the CourtRussell, C. J.

Though the evidence on the part of the defendant was weak, there was sufficient testimony to raise the issue as to whether the beverage received by him from the plaintiff was a non-alcoholic beverage, of the kind described in the contract under which it was purchased, or was an alcoholic and intoxicating beverage (see Hessig-Ellis Drug Co. v. Bush, 10 Ga. App. 588 (3), 73 S. E. 1097) ; and the jury having found with him on this issue, we can not judicially say that their verdict was erroneous. Judgment affirmed.

Broyles, J., not presiding.

2Cases cited1 opinion

  1. Bush v. Hessig-Ellis Drug Co.Court of Appeals of Georgia · 1912