12 Ga. App. 149 | Ga. Ct. App. | 1913
This was a suit by the Home Fertilizer & Chemical Company against Mrs. M. M. Dickerson. Verdict and judgment for the defendant were rendered, and a motion for a new trial by the plaintiff was overruled. The original petition was, based upon a promissory note. To this note the defendant filed a plea of non est factum. An amendment to the petition (which was allowed without objection) alleged, in substance, that the consideration for
The evidence in support of the amendment to the petition, we think, unquestionably demanded a verdict for the plaintiff, for the value of the guano furnished to the defendant and used on her land, and for which she had gotten full benefit for the year 1910. Her own testimony clearly establishes the right of the plaintiff to-recover the value of the guano so furnished, regardless of whether she signed the note or authorized her husband to sign’ it, or not. On this subject she testified as follows: “I got the guano for the year 1910. I saw the sacks branded 'Home Fertilizer & Chemical Companj1-.’ I do not know that the guano used was guano prepared and made by the Home Fertilizer & Chemical Company (the plaintiff), and the guano sued for was used on the place where I live. I suppose I got the benefit of it. I think there were about fourteen loads of corn made there that year. The guano branded 'Home Fertilizer & Chemical Company’, was put to the corn. The guano was used to the corn during the year 1910. I don’t remember exactly how much cotton was made. I think there was two bales