104 Ga. 767 | Ga. | 1898
Gorman sued Mrs. Dooley upon a promissory note dated September 10, 1895, and reciting that it was in full for all services rendered her to September 11, 1895. The defendant pleaded that the consideration of the note had totally failed, for reasons which will appear from the following: About June 1, 1895, defendant entered into a contract with the plaintiff, whereby he was to work for her for one month, during which time he was to go to California to secure California exhibits in the California building at the Cotton States & International Exposition, and was to be paid two hundred and fifty dollars for his services during the month, the defendant having a contract with the exposition company for the erection of the California building. 'Plaintiff went with her to California for the purpose stated, and represented from day to day -that he was securing exhibitors, and that contracts for space would be soon signed and turned over to defendant. In the early part of July defendant left California and returned to Atlanta. No distinct understanding was had with the plaintiff as to his work after July 1, it being mutually understood, however, that he was to continue in the same work at the same compensation, finish it in a few days, and return to Atlanta with contracts covering all space in the building. She advanced him his expenses during the trip, which were large, and made him advances at different times on account of the services. ITe returned to Atlanta about August 5, and represented that exhibitors had been practically secured to fill the building and that his services were necessary to consummate negotiations pending with some of them. He guaranteed that, in consideration of being employed by her to complete these negotiátions, the
The defendant further pleaded, that she obtained bids from responsible parties for the erection of the California building, one being for the sum of $2,850.00. She “was about to accept said building to be built by day labor under the supervision of plaintiff,” he representing himself as a thoroughly practical builder, that he had built many buildings, knew the cost of material, etc., and that the building could be erected at a much less sum than the sum mentioned in the bid above'
The second plea above referred to was stricken on demurrer, and the case proceeded to trial upon the petition and the plea first above mentioned. The plaintiff introduced in evidence the note sued on, and closed. The defendant introduced the written contract signed by herself and plaintiff, dated June 1, 1895, which was as follows : “Georgia, Fulton County. This agreement between Mrs. S. C. Dooley, of said county and State, and J. Anthony Gorman, of San Francisco, California, shows that said Mrs. S. C. Dooley has employed said Gorman for one month beginning with June 1, 1895, to go with her to the State of California and render such assistance as she may direct, looking towards the securing of exhibitors for. the California State building at the Cotton States & International Exposition to be held in Atlanta during the fall of 1895. Said Mrs. S. C. Dooley for said services is to pay two hundred and fifty dollars per month and all railroad travelling and hotel expenses. Said money is to be paid at the expiration of said time of service, and is to be in full for all services rendered up to date. It being impossible to specify in detail what services shall consist of, it is mutually agreed that said Gorman will render every assistance in his power to secure such exhibitors, together with an exhibit from the State Board of Trade of California.” The defendant testified to facts which she claims tended to establish the truth of her pleas. The court thereupon directed a verdict for the plaintiff; and a motion for a new trial filed by the defendant being overruled, she excepted.