Rome Sand & Gravel Co. v. Ellis
Rome Sand & Gravel Co. v. Ellis
42 Ga. App. 268; 155 S.E. 785; 1930 Ga. App. LEXIS 329
Rome Sand & Gravel Co. v. Ellis
Opinion of the Court
Under the written contract between the parties and the other facts of the case, the defendants were entitled to set off their claim of $1122 (railroad demurrage charges paid by them) against the claim of the plaintiff, which amounted to $1118.95. It follows that the verdict in favor of the plaintiff was unauthorized, and that the refusal to grant a new trial was error. In view of this ruling, which is controlling in the case, the special grounds of the motion for a new trial are not passed upon.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.