31 S.E.2d 419 | Ga. Ct. App. | 1944
1. Under the allegations of the answer, the damages sought to be set off against the purchase-price of furniture, in addition to the difference between the contract price and market value of articles not delivered, were too remote to form the basis of a recovery, and the court did not err in striking the portions of the answer setting up said damages.
2. There was no evidence from which a jury could determine the market value of 300 "No. 90 coil 3/3 springs," the articles purchased by the defendant from the plaintiff and not delivered; and when the plaintiff voluntarily wrote off from the verdict $600 as representing the difference between the contract price of the springs and their market value, the overruling of the motion for new trial was not harmful to the defendant.
2. The judgment of the court overruling the motion for a new trial, after the amount of $600, representing the difference between the cost price and the market value of the springs, was written off of the verdict, was not harmful to the defendant. There was no evidence in the case from which a jury could determine the market value of the springs. One defense witness stated his opinion of the market value of a ninety-coil spring. Those ordered were fifty-coil springs. Another defense witness testified that there was no market for such a spring without beds and mattresses, yet gave his opinion that the market value was from $9.95 to $14.95. There was no basis for such an opinion. Another defense witness gave his opinion that the market value of such springs was $11.95, but he arrived at his conclusion from a comparison of a description he was given of the springs ordered, with certain springs he had in his furniture stock for sale. There was no way *563
a jury could ascertain from his testimony whether his opinion that $11.95 was the market value of the springs ordered, was based on his comparison with springs he had in stock which compared with the springs ordered. This witness stated that he could not tell from the contract what the market value of the springs was. The plaintiff's witness did not testify as to the market value of the springs. He simply stated what the retail cash and credit price was. This alone is not enough to establish market value. Collins Glennville R. Co. v. Beasley,
The court did not err in overruling the motion for a new trial.
Judgment affirmed. Sutton, P. J., and Parker, J., concur.