44 Ga. App. 576 | Ga. Ct. App. | 1932
1. This being a suit on an open account, and there being-evidence to authorize the inference that the account was correct, and that the plaintiff’s agent who accepted in its behalf the obligation of a stranger for the payment of the indebtedness represented by the account sued on had no authority to release the defendant and to accept the stranger’s obligation as a substitute for the obligation of the defendant, and also that the plaintiff’s agent made no such agreement, and that the plaintiff, in accepting the stranger’s obligation which had been procured by the plaintiff’s agent, did not ratify any agreement whereby the , plaintiff’s agent, for and in its behalf, released the defendant, the evidence authorized the inference that no obligation of another to pay the defendant’s debt was accepted as a substitute for the defendant’s obligation, and that the defendant was liable.
2. There being- no evidence which would authorize the inference that the
3. The verdict found for the plaintiff was authorized, and no error appears.
Judgment affirmed.