Long v. Farmers Hardware Co.
Long v. Farmers Hardware Co.
Opinion of the Court
This was a suit on two promissory notes, one for $316.63 and the other for $51.44. At the trial the two notes were introduced in evidence, and, after repelling certain evidence offered by the defendant, the court directed a verdict for the plaintiff. The defendant filed a motion for new trial, which was overruled, and he excepted.
Two of the special grounds of the motion for a new trial complain of the rejection of evidence, but neither of them gives the reason why it was excluded nor points out why its exclusion was error. Therefore these grounds are not in proper form for consideration by this court. Summerlin v. State, 25 Ga. App. 568 (1b) (103 S. E. 832). See also Central of Georgia Ry. Co. v. Jaques, 23 Ga. App. 396 (2) (98 S. E. 357); Steed v. Cruse, 70 Ga. 168 (4). However, the exclusion of this evidence was not error, because: (a) The effect of the evidence embodied in the first of these special grounds would be'to vary the terms of the written contract which is the basis of the suit, and this evidence was properly excluded from the consideration of the jury. The terms of the note are practically the same as those in the note sued on in Outlaw v. Park Live Stock Co., 20 Ga. App. 776 (93 S. E. 310), and the ruling in that case, that “the court did not err
After the foregoing evidence was ruled out, there was nothing left upon which to base a verdict for the defendant, and the court did not err in directing a verdict for the plaintiff, nor in overruling- the motion for a new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.