122 Ga. 8 | Ga. | 1905
Exley lived in Effingham county, and owned a lot of land in Decatur county. Brinson had formerly been his agent to look after the land and. return it for taxes; and according to the allegations of the petition, his agency continued until the time of the transaction out of which this suit arose. Exley alleges that Brinson, as his agent, was offered $500 for the land; that he concealed the fact of this offer from him, and, by false and deceitful representations as to the value of the land, persuaded him to sell it to one Smith for $200; and that Smith immediately afterwards sold it for $750, dividing with Brinson the profit thereby derived. He further alleges that the sale to Smith, which was induced by Brinson, was part of a fraudulent scheme to persuade him to sell the land at far less than its real value, so that it might be resold at a large profit; and he sues Brinson as his agent for $550, the difference between the amount Smith received for the land and what he paid for it. In his answer Brinson denies that he was ever the agent of Exley, except to return the land for taxes; and avers that this was done merely as a matter of accommodation. He avers that he wrote to Exley and asked him what he would take for the land; and that Exley replied that he would sell it to him or anybody else for $200; that acting upon this letter he bargained the lot of land to Smith for $200, subject to the approval of Exley; and that thereupon Exley voluntarily made a deed to the land to Smith. He denies that he made any false representations to Exley, or that he received any benefit whatever from the transaction. On the vital question of agency the evidence at the trial was somewhat in conflict, as was also the case in regard to other issues involved. The jury found for the plaintiff the full amount sued for. The defendant moved for a new trial, which was refused, and he excepted.
The remaining grounds of the motion for a new trial complain of various charges of the court, and of the failure to charge certain legal principles which it is contended were pertinent. While some of the language used in the charges complained of was not altogether apt, we are not prepared to say that any of the grounds except those already noted disclose error of sufficient importance to require the grant of a new trial. There does not appear to have been any written request to charge, the failure to give which is alleged to have been error; therefore such “ failure ” will not be held error. Judgment reversed.