21 Ga. 427 | Ga. | 1857
By the Court.
delivering the opinion.
The defendant’s answer denied, in toto, the agreement set forth by complainant. There could be no decree for complainant without proof, and he had none. Legh vs. Haverfield, 5 Vesey Jr. Rep. 452.
We reverse the judgment of the Court below, on the ground that there was no evidence to authorize the decree of the jury. A new trial must, therefore, be ordered.
Judgment reversed.