55 Ga. 116 | Ga. | 1875
This action was complaint for the balance on account for goods sold to J. R. Martin & Company, at various times from November 20th, 1871, to December 24th, 1872. Car
The main foundation of the plaintiffs’ case was a letter from Carmichael to them, dated September 23d, 1871, with these contents: “Mr. J. R. Martin has commenced a small business in his line of confectioneries, fruits, etc. I have taken an interest with him to help him to start. He is every way worthy — -just asked me to introduce him to some house in Savannah in your line. I suggested that he could do as well with you or Walker. If you have them, send him a barrel of nice apples, one to two hundred oranges, the same bananas. Ship to J. R. Martin & Company, Montezuma. I will see that the bills are paid promptly.” There was evidence tending to show that all the goods contained in the bills sued upon were sent on the faith of this letter; all the transactions, amounting to over $1,700 00, and the payments received from time to time being in the aggregate $1,245 00, leaving a balance still due of $461 00. Certain admissions of Carmichael were in evidence, made in January, 1873, to the effect that he was a partner up to June or July, 1872, coupled with the assertion by him that the firm was then dissolved, and that he had given notice of the dissolution to the plaintiffs by letter. He, in his own testimony, denied that he ever was a member of the firm. He also testified that he instructed his book-keeper to give notice of this fact to the plaintiffs; and the book keeper testified that he gave such notice to one of the plaintiffs, on the 8th of October, 1872, and stated to him distinctly that Carmichael would not be liable for any goods purchased by Martin. One of the plaintiffs testified that the letter which Carmichael alleged was sent, giving notice of dissolution, was never received; and the one to whom the book-keeper stated he gave notice, denied the fact, and testified that the notice given was that Carmichael intended to withdraw from the firm, but no statement that he had with
These points of conflict seem to us altogether imaginary. The verdict harmonizes very well with all three. In fact, it is just such a verdict as we like to see in such a case.
Judgment affirmed.