34 Ga. App. 153 | Ga. Ct. App. | 1925
Palmer-Murphey Company brought suit against Fruit Haven Farm (a corporation) for damages for the alleged breach of an alleged written contract for the purchase of 100 tons of nitrate of soda, plaintiff being the seller and defendant the buyer. The damages sought to be recovered were the difference between the contract-price and the market price at the time and place of delivery, the time being December, 1920, and the place. Savannah, Ga. The alleged contract was signed on behalf of the defendant (at least this was the contention of the plaintiff, although denied by the defendant) as follows; “Fruit Haven Farm by J. 0. Langdon,” and was accepted by the plaintiff. Subsequent thereto, and before the date for shipment of the goods, the plaintiff was notified by the defendant that Langdon was merely a bookkeeper for the defendant, and had no authority to execute the contract in question, and that it was repudiated by the defendant. Upon the trial the evidence authorized a finding that Langdon had no authority to execute contracts for the defendant. However, the undisputed evidence disclosed that prior to the execution of the contract sued on, and in December, 1919, the plaintiff had sold the defendant 60 tons of acid phosphate, and that, the phosphate was received by the defendant and paid for by it, and that the written contract under which it was sold was executed on behalf of the defendant just as was the contract sued on, to wit, “Fruit Haven Farm by J. O. Langdon.” It is true that some portions of the testimony of J. 0. Langdon (the principal witness for the defendant) tended to show that perhaps this phosphate was ordered for Betts (the president of the defendant corporation) personally, and not for the defendant; but when Langdon’s testimony is properly construed as a whole, these portions of his testimony are without probative value. It is well settled that when the testimony of a principal witness is vague, equivocal and self-contradictory, it should be cons'trued most strongly against the cause that he is
It follows that a verdict for the plaintiff was demanded; that the verdict in favor of the defendant was contrary to law and the evidence', and that the court should have granted a new trial on the general grounds of the motion for a new trial. This ruling being controlling in the ease, it is unnecessary to consider the special assignments of-error.
Judgment reversed.