30 Ga. App. 38 | Ga. Ct. App. | 1923
C. L. Tabb & Company, a copartnership, were sued on open account for the purchase price of certain furs. They denied owing the account, and ¡deaded that they had not purchased any goods from the plaintiff. A verdict was rendered for the defendants. The plaintiff excepts to the overruling of a motion for a new trial, based on the usual general grounds and on alleged errors in the charge of the court. By cross-bill of exceptions the defendants also complain of the charge.
The evidence for the plaintiff showed that the goods were sold on open account. The defendants’ contention is best shown by the
The first excerpt from the charge objected to is substantially as follows: that if the salesman made such a contract with the defendants as they claim, and was without authority to do so, yet if the defendants wrote to the plaintiff a letter informing it of such contract, and sent to the plaintiff a check to cover the amount of sales made under such arrangement, and notified the plaintiff that the check covered the sales made by them, and further notified the plaintiff that the check covered the amount of goods sold, and that the defendants were prepared to ship back the unsold furs on hand, “ and that they did so for the purpose of making a full settlement of such liability as they had incurred with the plain
Very briefly stated, the next excerpt from the charge complained of is substantially as follows: that if the check was sent to cover the amount of sales made under “such an agreement,” and the defendants were so notified, and that they were prepared to return the unsold furs, and that they did so for the purpose of making a full settlement of their liability “under their alleged contract made with . . the salesman of plaintiff,” and notice was given the plaintiff of their intention to ship back the unsold furs, and the plaintiff accepted the check and retained it, the plaintiff would be bound by it. This charge was not susceptible to the objection that there was no evidence that the check was tendered coupled with the condition that plaintiff should not retain it unless it would also accept the furs. Nor was the
There was evidence to sustain the verdict, and the charge was not subject to any of the criticisms made. There being an affirmance of the judgment, it is unnecessary to consider the cross-bill of exceptions.
Judgment on the main hill of exceptions affirmed; cross-hill of exceptions dismissed.