94 Ga. 517 | Ga. | 1894
Brinson & Son sued the Birmingham Lumber Company on air account, the items of which extended from July 23, 1890, to October 7,1890, for $427.50 principal, according to one recital in the bill of exceptions. In another place it appears that the account sued on was .for merchandise to the amount of $341.24, and for trade checks amounting to $397.95, and was credited by checks of the defendant, $150 and $156. It was made out against the Birmingham Lumber Co., for Thomas Wilson. The jury found for the plaintiff $399.64 principal, and $66.10 interest to judgment, May 11, 1893. The defendant’s motion for a new trial was overruled, and exception was taken. The evidence was directly conflicting. It appears that Thomas Wilson was engaged in sawing and shipping lumber to the defendant, and that the merchandise was furnished to him, and the trade-checks were issued by him in payment of wages due employees of the saw-mill. According to the plaintiffs’ contention, the merchandise was furnished by direction of the vice-president of defendant; the most of the checks were taken in payment for goods sold to the holders (except $55 worth, and a few more the amount of which does not clearly appear, which were bought up by the plaintiffs from other merchants who had taken them), there being an agreement with said vice-president that this should be done, the defendant to have a certain percentage of discount from the face value of the checks. The defendant contended that there was no such agreement; and that under the vice-president’s instructions to the plaintiffs in regard to furnishing merchandise to Wilson, the amount furnished
The motion for a new trial alleged, in addition to the general grounds, that the court erred: