Farmers Mutual Exchange of Wrens, Inc. v. Rabun
Farmers Mutual Exchange of Wrens, Inc. v. Rabun
Opinion of the Court
The appellant secured a judgment against the appellee for the amount due on a "revolving account” as defined by Code Ann. § 96-902(8). A time price differential of one-and-one-half percent had been charged on the monthly balance in the account pursuant to an "Open Account Payment Agreement” made in accordance with Code Ann. § 96-904 (b). When the jury returned its verdict in favor of the appellant, it specified that interest could continue to be payable on the amount of the verdict at the rate of one-and-one-half percent per month. The trial court, however, rejected a proposed judgment submitted by the appellant to that effect and instead ordered that interest on the judgment would be payable at the rate of 7 percent per annum. See Code § 57-101.
The appellant contends that it was entitled to the higher interest rate under the authority of Daniel v. Gibson, 72 Ga. 367 (1) (1884), which provides: "Where a contract specifies a rate of interest, which is not beyond the percent which the parties may legally contract for, if a
For these reasons, the trial court was correct in awarding interest at the legal rate.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.