Jacobs v. Haralson Farm Supply Co.
Jacobs v. Haralson Farm Supply Co.
Opinion of the Court
Haralson Farm Supply Company, Inc., sued Henry Jacobs in the Superior Court of Carroll County on a sworn statement of account for $2,487.90, plus interest. The defendant filed a plea and answer in which he denied being indebted to the defendant, and further alleged that he had entered into an oral contract with the plaintiff under which, in substance, the plaintiff was to furnish chickens, feed and medication and other incidental supplies and under which the defendant was to furnish all labor, housing, and equipment for raising the chickens and producing hatching eggs; and that the plaintiff, under the agreement, guaranteed that he (the defendant) would receive not less than 90 cents per dozen for the hatching eggs produced by him and that he would not be held accountable for any expenses during the period that the hens were in his possession, and that the plaintiff guaranteed him that he could not lose anything of value on the enterprise save his labor in looking after the chickens, in gathering eggs and in transporting them to the plaintiff’s place of business.
The court overruled the general demurrers and sustained certain special demurrers to the answer; the defendant amended his plea and answer, and the court overruled the plaintiff’s renewed demurrers thereto. The case went to trial and at the conclusion of the evidence the plaintiff made a motion for a directed verdict which was denied. The jury returned a verdict for the defendant, and thereafter the plaintiff made a motion for a judgment notwithstanding the verdict under the provisions of the Act of 1953 (Ga. L. 1953, Nov.-Dec. Sess., pp. 440-444; Code, Ann., § 110-113). The trial court granted that motion and entered judgment for the plaintiff in the amount sued for, and the exception here is to that judgment.
The evidence on behalf of the defendant wholly and completely failed to sustain any element of his contentions as set forth in his plea and answer. Nowhere in his testimony did the defendant even make a general denial of his indebtedness to the plaintiff. Under these circumstances, it was not error for the trial court to grant the motion for a judgment notwithstanding the verdict. Baker v. Shockey, 92 Ga. App. 443 (88 S. E. 2d 741).
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.