103 Ga. App. 50 | Ga. Ct. App. | 1961
The four items contended for by the defendants to constitute a failure of consideration will be considered in order. It appears that although the franchise had in fact expired, no cost was connected therewith, and it was renewed by Gulf Oil Company immediately after notice to it. The sink and hot water heater were also admitted by Gulf Oil Company to be the property of the plaintiff, and accordingly became the property of the defendant. As to the matter of inventory, the value was, according to the estimate of an independent appraiser substantially under the purchase price of $6,600, but the jury was authorized to believe the plaintiff’s testimony that the verbal contract of sale was not based on the value of inventory, but on a “take it or leave it” basis. There was no evidence that the defendant was prevented, prior to sale, from making such investigations as he chose to determine for himself the value of the property being purchased. The fourth contention concerns the encumbrance on the title of the property sold and it is admitted by all parties that the plaintiff’s daughter holds an uncanceled bill of sale to secure debt against the prop
The amendment to the motion for a new trial contains nine paragraphs, seven of which the plaintiff in error treats as
The trial court did not err in overruling the motion for a new trial.
Judgment affirmed.