134 Ga. 512 | Ga. | 1910
McCullough Brothers and Hancock & Kolb sued T. E. Sawtell for damages for the breach of an alleged contract to furnish the plaintiffs with cold storage for a large quantity of apples which the plaintiffs owned in common. According to the petition, the plaintiffs contended that the defendant agreed to keep the temperature of the cold-storage room not less than 30 nor more than 34 degrees Fahrenheit, and furnish the labor and material and all things necessary for the cold storage at his expense. The defendant in his answer admitted that he contracted with the plaintiffs to store their apples, but denied the terms of the contract as alleged in the petition; he averred that under the agreement the defendant was to have no control over the temperature of the room, but that the plaintiffs should inspect same daily and that the defendant’s servants were under the direction and control of the plaintiffs at all times for the purpose of regulating the temperature of the room. The apples stored by the plaintiffs were frozen because of the temperature’s falling below 30 degrees, and damages were claimed for the loss thus occasioned. The evidence was voluminous on both sides, and sharply conflicting. The trial eventuated in a verdict for the defendant, and the plaintiffs filed their motion for a new trial, complaining of the ruling of the court as to the admission of certain evidence, and of certain instructions to the jury. The motion was denied, and the plaintiffs excepted.
Judgment affirmed.