Supreme Court of Georgia, 1906

Clegg-Ray Co v. Indiana Scale & Truck Co.

Clegg-Ray Co v. Indiana Scale & Truck Co.
Supreme Court of Georgia · Decided May 18, 1906 · Beck
125 Ga. 558; 54 S.E. 538; 1906 Ga. LEXIS 221

Clegg-Ray Co v. Indiana Scale & Truck Co.

Opinion of the Court

Beck, J.

A plea of total failure of consideration to a suit for tlie con- • tract price of certain articles is not supported, where the evidence fails to show that the articles are entirely worthless; and in the absence of any data from which the jury could ascertain how much less the goods are worth than the contract price, it is not error for the court to direct a verdict for the plaintiff. Hornsby v. Butts, 85 Ga. 694; Morgan v. Printup, 72 Ga. 66.

Judgment affirmed.

All the Justices concur, except Fish, G. J., absent.

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