North Georgia Feed & Poultry Co. v. Ultra-life Laboratories
North Georgia Feed & Poultry Co. v. Ultra-life Laboratories
Opinion of the Court
The defendant complains that the trial judge erred when he excluded the deposition of the plaintiff’s
While a deposition is admissible under Code Ann. § 81A-126 (d) (Ga. L. 1966, pp. 609, 635; 1967, pp. 226, 233) (former Code Ann. § 38-2101 (d); Ga. L. 1959, pp. 425, 426) and it may be error to exclude such deposition, the correctness of its admission or exclusion is still predicated on the harmful error rule. Morris v. Johnson, 222 Ga. 76 (148 SE2d 392). The instant deposition, which was included in the record, contains no testimony to the effect that the difference in the price originally charged and that credited to the defendant was a result of a decrease in the market value of the items involved. Furthermore, while- there is evidence from which it may be inferred that the plaintiff was aware of the defendant’s returning additional items, there was no testimony that such items were actually received by the plaintiff. Since the deposition did not support the defendant’s contentions, there was no error harmful to the defendant in excluding it.
The evidence as given by the officer of the plaintiff corporation conclusively showed that the defendant was indebted to the plaintiff for the full amount sued for. On cross examination when the witness was questioned as to the basis of
While it is true that the actual motion for directed verdict was made prior to the time the defendant closed his case, as pointed out in the case of Cox v. Zucker, 214 Ga. 44, 59 (102 SE2d 580), a motion for directed verdict is not essential where the evidence demanded a verdict.
Any issue raised by the enumeration of error regarding the motion for nonsuit is controlled by the ruling we have made in the second division of this opinion relative to the directed verdict.
Judgment affirmed.
Reference
- Full Case Name
- NORTH GEORGIA FEED & POULTRY COMPANY v. ULTRA-LIFE LABORATORIES
- Cited By
- 5 cases
- Status
- Published