31 Ga. App. 207 | Ga. Ct. App. | 1923
The court charged the jury as follows: “There is only about one real issue in the case, and that is whether or not, if S. L. Nevil authorized Trapnell-Mikell Company to sell these goods to his son, Felton Nevil, or any part of them. I charge you in this case that if you find the plaintiff’s contention is true, that is, that S. L. Nevil, the defendant in this case, authorized them to extend this credit to his son Felton Nevil and agreed with them that he would be responsible for these articles sold, in that case you would be authorized to find for the plaintiff; the plaintiff would be entitled to recover if you find that to be the truth of the case. On the other hand, if you find that is not the truth of the case; if you find thaj; S. L. Nevil did not authorize Trapnell-Mikell Company to sell these goods to his son, Felton Nevil, and agreed to become responsible for them, in that case the plaintiff could not recover and your verdict would be for the defendant. I charge you further in this case, if you find that S. L. Nevil, the defendant, authorized Trapnell-Mikell Company to sell or furnish any part of these goods to his son, Felton Nevil,'and he would be responsible for any certain articles and amounts, in that case your verdict would be for the plaintiff for that amount, whatever he authorized the plaintiff to sell his son, Felton Nevil, in case you find that he authorized them' to sell him anything, or agreed to become responsible for any part of these goods. ' Now, 'as before ., stated, ■ that is. .about the only issue in .the case .for you .to-.deter'minel” -After defining 'preponderance -of 'the 'evidence,, -the -.court turned to counsel for the defendant and asked if there were any issues which had not been stated to the jury, and, upon 'being orally requested to charge .that “if the jury should find that [the defendant] authorized the charging of any particular goods, and should also find that he afterward paid for those,goods, then the
Judgment affirmed.