Green v. W. A. Lathem & Sons
Green v. W. A. Lathem & Sons
Opinion of the Court
Strict pleadings are not required in a justice’s
court and the account attached to the’ summons was sufficient to inform the defendant of the plaintiff’s claim against him. Hendrix v. Elliott, 2 Ga. App. 301 (58 S. E. 495); Moore v. Bower,, 6 Ga. App. 450, 452 (2) (65 S. E. 328). The demurrer and motion to dismiss were properly overruled.
The witness for the plaintiff testified that W. A. Lathem & Sons or its agent never had any conversation with the defendant1 prior to the sale of the fertilizer to Sosebee, and had no contract with the defendant with reference to payment for the fertilizer. Therefore, the plaintiff is not contending, nor did the evidence prove, that the defendant personally bought the fertilizer. The evidence did not show that the defendant was a guarantor (see Southern Coal & Coke Co. v. Randall, 141 Ga. 48, 80 S. E. 285); nor did it show that the defendant undertook to pay the debt of Sosebee (see Code, § 20-401 (2) ); nor did it show that Sosebee was the defendant’s agent, or purported to act as agent when he bought the fertilizer and the buying was ratified by the defendant. The defendant in error relies on the following testimony to show that the defendant was liable for the account sued2
The court erred in overruling the certiorari.
Judgment -reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.