Davenport Bros. v. Pepper
Davenport Bros. v. Pepper
Opinion of the Court
The evidence in this lien foreclosure suit is without any substantial conflict. The plaintiff materialman, Davenport Brothers, furnished the contractor Garrett with certain materials to be used under a contract between Garrett and the defendant Pepper to construct a residence for the latter; it did not receive full payment for the materials furnished and thereafter filed its claim of lien against Pepper and sued to judgment the account against Garrett in the sum of $1,251.69, which established the amount due it on the contract. Chambers Lumber Co. v. Gilmer, 60 Ga. App. 832, 835 (5 SE2d 84). In the lien foreclosure action Pepper testified that he paid the contract price to Garrett. Garrett testified, “According to my figures I got $9,003.18 for the house. . . I paid all I received from Elmo Pepper for material and labor which went into the construction of the house. I didn’t keep any for myself. The building I did, I spent the pay-out. . . I did not retain any even for my own labor. All of these payments went for material and labor which could have been claims against Mr. Pepper had it not been paid.” This testimony was not challenged or
Where the verdict is demanded by the evidence, errors in the charge of the court are harmless and require no consideration. Davis v. Davis, 211 Ga. 714 (88 SE2d 377). Even when the verdict is not absolutely demanded, but the case is not a close or doubtful one on the merits, slight inaccuracies which do not appear to be material or prejudicial will not require reversal. Scoggins v. State, 98 Ga. App. 360 (106 SE2d 39). The special grounds assign error on slight verbal inaccuracies of the court in designating the respective positions of the parties to the case on trial, and in his failure to make clear that the verdict sought by the plaintiff was in rem as a lien on the property rather than in personam as a money judgment. None of these could have affected the outcome of the case and for the reasons stated will not be individually considered.
The trial court did not err in overruling the motion for new trial.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.