8 Ga. App. 339 | Ga. Ct. App. | 1910
Hollis, the plaintiff, was a cotton ginner, and the Farmers Union Warehouse Company was a cotton-warehouse corporation. A verbal contract was made between them by which Hollis agreed to deliver to the warehouse company, all cotton ginned by him, the company agreeing to collect for him the ginning charges when the customers of the warehouse took their cotton out. The suit was for -the amount claimed by him as due on cotton which he had ginned and delivered to. the warehouse, and which the warehouse company had delivered to its customers without collecting the ginning charges. The jury returned a verdict for the plaintiff, and the defendant’s motion for a new trial was overruled. The general grounds of the motion are without merit. While the evidence is not very clear as to the number of bales on which the defendant had failed to collect the ginning charges for the plaintiff, yet thgre is sufficient evidence to warrant the amount which the jury found by their verdict; and certainly the defendant could not justly complain of the amount of the verdict after the plaintiff had voluntarily written off a large portion thereof.
There are three legal objections urged to the validity of the verdict and the judgment rendered thereon: (1) that the contract was unilateral; (2) that it was k contract of suretyship or guaranty on the part of the defendant to pay the debt of the plaintiff and was not in writing, and was therefore void as against the statute of frauds; (3) that it was ultra vires.
There is some evidence that the contract was not authorized by the corporation. On this point the evidence is in sharp conflict, the general manager testifying that he made the contract for the benefit of the corporation, and that it was ratified by the board of directors. However this may be, it is clear that the corporation received the full benefit of the contract, and should be required to perform its part of the agreement for which it had received full consideration from the plaintiff in the delivering and. storing of the cotton ginned by him. Judgment affirmed.