17 S.E.2d 760 | Ga. Ct. App. | 1941
The court did not err in overruling the motion for new trial.
1. There is no merit in the assignment of error that the judge refused to direct a verdict for the defendant. Goode v.Powell,
2. The charter of the Coastal News Company provides among other things: "Said corporation desires the right to act as agents, general or special, and to buy and sell . . news-stand and/or soda-fount supplies of all kinds, and any and all other similar or kindred lines, . . and the right to buy, hold, sell and deal in real estate and personal property." The goods in question consisted of small cellophane bags. In view of this provision in the charter it was not error for the court to charge the jury that the corporation had authority to buy the goods sued for.
3. On the trial the defendant sought to prove that although the goods were charged to the defendant, they were actually bought by another corporation, and that the charging of the goods to the defendant would amount to the defendant lending its credit to another corporation, which it had no charter right to do. In the brief of counsel for the defendant it is admitted that the jury was authorized to find that the goods were bought by the defendant. Since this is admitted, there is no merit in the general grounds of the motion for new trial. The court did not err in overruling the motion.
Judgment affirmed. Stephens, P. J., and Sutton, J., concur. *229