44 S.E.2d 814 | Ga. Ct. App. | 1947
1. In an action on an account for the purchase-price of merchandise delivered and not paid for, memoranda containing description of merchandise, date of delivery, unit price, amount delivered, amount due, receipt therefor, etc., are not inadmissible in evidence because other parties than both seller and buyer are named therein, parol evidence being admissible to show who sold the merchandise described therein, who bought it, and to whom it was delivered. Such memoranda are admissible for the purpose of showing the amount of merchandise delivered, the unit price charged therefor, the amount due, and for the purpose of otherwise *82 corroborating testimony of witnesses respecting the transactions involved.
2. In an action on an account for the purchase-price of merchandise delivered and not paid for, a statement of the account taken from the books of the plaintiff is not inadmissible in evidence as a self-serving declaration, where, on the trial there is evidence that such statement had been submitted to the defendant prior to the bringing of the suit and the justness of the account as disclosed by such statement is admitted by him. Such statement is admissible in evidence for the purpose of identifying the account which the witness testified the defendant admitted as being just and due.
The second special ground complained of the introduction by the plaintiff of a statement of the account contended by the plaintiff to be due him from the defendant, which statement is substantially the same as to dates, etc., as the itemized account set up in the declaration and is in the same amount. The introduction of this statement is objected to on the ground that it seeks to change the terms of a written contract between Standard Oil Company and Cherokee Mining Company, counsel for defendant contending that the sales tickets referred to in special ground 1 constitute such written contract; on the further ground *86 that the same seeks to change entries of original charges made against Cherokee Mining Company, to the defendant doing business as Cherokee Mining Company; and that the same constitutes a self-serving declaration. Upon the hearing, the trial judge entered judgment overruling the defendant's motion for a new trial as amended and on this judgment error is assigned. 1. The jury was authorized to find that the 13 pieces of documentary evidence describing the merchandise sold, the date of delivery, the unit price, the amount delivered, the amount due, receipt therefor, etc., and containing the name, "Standard Oil Company, Incorporated in Kentucky," as the seller, and "Cherokee Mining Company" as the buyer, constitute mere memoranda relating to the deliveries of the merchandise. The jury was also authorized to find that the contract for the purchase and sale of this merchandise was made between the plaintiff and the defendant. These 13 pieces of documentary evidence are not inadmissible for any of the reasons complained of, but are admissible for the purpose of showing the amount of merchandise delivered, the unit prices charged therefor, the amount due, and for the purpose of corroborating the testimony of witnesses respecting the transactions involved. Ground 1 of the amended motion is without merit.
2. In an action on an account for the purchase-price of merchandise delivered and not paid for, the admission by the defendant of the correctness of the account is sufficient to support a verdict in favor of the plaintiff. See Taylor v.Stearns Coal Co.,
The evidence being sufficient to support the verdict, and the special grounds not showing cause for a new trial, the judgment of the trial court overruling defendant's motion for a new trial as amended, is without error.
Judgment affirmed. MacIntyre, P. J. and Gardner, J. concur.