7 Ga. App. 481 | Ga. Ct. App. | 1910
The Corona Coal and Iron Company sued J. T. Copeland & Son on account, in a justice’s court, for $63.75. The suit was for coal sold to the defendants at $1.50 per ton. The plaintiff proved that the account was presented to the defendants a short while before suit was entered, and that payment was refused on the ground that the coal was not worth over $1 per ton. The admission that the coal was worth that sum was made by one of the defendants. The date of the account was July 23, 1907. The plaintiff introduced the original letter written to the defendants on August 8, 1907, as follows: “We are in receipt of yours of the 5th instant in regard to recent consignment to you. The car shipped to you was machine forked run of mine, and has given such general satisfaction that we are very much surprised to learn from
The plaintiff offered testimony of Tom Davidson, the weigher of the plaintiff company, who, in his answers to interrogatories, testified to the effect that he weighed and shipped the car of coal to the defendants on July 23, 1907; that he had weighed and shipped another ear to the same defendants some time previous to that; that both cars were of about the same quality, and that if there was any difference, the car shipped on July 23 was the better quality. The answers were ruled out, on the ground that they were irrelevant and immaterial. The justice of the peace entered a judgment dismissing the plaintiff’s suit, and the plaintiff challenged this judgment by certiorari. Upon considering the certiorari the judge of the superior court dismissed it; and exception is taken to the judgment of dismissal.
1. In reply to the suggestion that the dismissal of the certiorari, if proper upon any ground, should be sustained, and that the judge
2. We are of the opinion that the answers to all of the interrogatories were admissible. In so far as they sought to prove shipment and delivery of the coal, they were plainly relevant and admissible. Evidence that some time previous to the transaction involved the plaintiff had sold to the defendants, and that the defendants had accepted and paid for a car of similar grade and quality, would be relevant, in that it would tend to disprove the contention
Judgment reversed.