81 Ga. App. 481 | Ga. Ct. App. | 1950
Rotaiy Lift Company sued General Elevator Company to recover $1,137.81 as balance due on an open ■ account. The defendant admitted the receipt of the machinery and merchandise listed in the account but contended that a power unit and controller was not suitable for the purpose intended and that no charge should have been made for the replacement of the pump in the unit. The defendant claimed damages against the plaintiff in the sum of $580 by reason of having to buy another make of power unit and because of certain other items of expense. The jury found for the plaintiff in the amount sued for. The defendant’s amended motion for a new trial was overruled and it excepted.
The evidence shows without dispute the following facts: General Elevator Company was sales agent for Rotaiy Lift Company in Georgia. Swift & Company’s branch at Columbus wrote Rotary Lift in 1945 asking quotations on a hydraulic unit on its ■ elevator, giving certain information including the fact that the size of the plunger, or jack, was 4 inches. In reply. to this letter Rotary Lift referred Swift & Company to the
The court did not err in overruling the motion for a-new trial.
Judgment affirmed.