137 Ga. 250 | Ga. | 1911
In Ms petition the plaintiff alleged: that on January 1, 1903, the defendant, having been duly elected sheriff of Eandolph county, qualified as such; that on that day the defendant entered into a contract with the plaintiff, wherein the defendant agreed to appoint the plaintiff deputy sheriff of the county for a period of time indefinite, but terminable by mutual-consent of the contracting parties during the term of office of the defendant, and that the plaintiff for services rendered as such deputy sheriff should receive one half of the entire income or revenue received by the defendant as sheriff of the county during the pendency of the contract; that pursuant to this contract the plaintiff qualified as deputy sheriff on January 2, 1903, and continued to serve as such officer under the contract until January, 1908, when by mutual consent the contract was revoked; that during the existence of the contract the sheriff has received from the fine and forfeiture fund of'the county certain stated amounts, and has also received certain other revenue and income specifically described, one half of which under the contract was to be paid to the plaintiff; and judgment is prayed for these amounts, less certain stated credits. The defendant specifically denied the various allegations of the petition; and further pleaded that at certain stated times the plaintiff and the defendant had a full and complete settlement of all matters, claims', and accounts pending between them touching the business of the office of sheriff. The court sustained a special demurrer to the plea of settlement. The trial resulted in a verdict for the plaintiff, which the court refused to disturb on motion. The defendant excepts.
Judgment reversed.