Georgia Court of Appeals, 1930

Rome Sand & Gravel Co. v. Ellis

Rome Sand & Gravel Co. v. Ellis
Georgia Court of Appeals · Decided October 7, 1930 · Broyles
42 Ga. App. 268; 155 S.E. 785; 1930 Ga. App. LEXIS 329

Rome Sand & Gravel Co. v. Ellis

Opinion of the Court

Broyles, C. J.

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.

Luke and Bloodworth, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.