121 Ga. 416 | Ga. | 1904
Suit upon an account for $74.65 was brought' by Webb against Baldwin. On appeal from a justice’s court, the case was tried in the superior court. From the evidence it appeared that Webb rented and kept a boarding house or hotel at Catoosa Springs. Baldwin purchased the property, and went there with his wife and several servants and employees for the
Assuming, as we must for the purposes of this case, that the evidence of the plaintiff was true, we still think that the verdict returned by the jury was without sufficient evidence to support it. There was evidence to show .that the defendant had agreed to pay for the board and lodging furnished himself and his party, but none that any rate was agreed upon. There was no express agreement to pay at a specified rate, nor was there any agreed standard by which any definite rate could be ascertained. It can not be said that the verdict was authorized on the idea that one who becomes a guest at an inn renders himself liable for his entertainment at the usual and customary rate of charges made by the innkeeper; for in the present case, even treating plaintiff as the keeper of an inn, there was no evidence as to what were the usual and customary rates charged by the plaintiff for the entertaiment of guests. Nor was there any evidence as to what the entertainment furnished defendant and his party was reasonably worth. Tims there was nothing from which the jury could determine the amount for which they should find for the plaintiff. In the absence of all evidence as to the amount for which defend
Judgment reversed.