15 Ga. App. 794 | Ga. Ct. App. | 1915
The contract upon which this action is based is set out 'in substance in the decision rendered by this court upon a former hearing. Pidcock v. Nace, 14 Ga. App. 183 (80 S. E. 526). The plaintiffs, prior to the entering of the remittitur reversing the
The finding of the trial judge for the plaintiffs, based upon the evidence in the record, did not amount to a holding that the judgment as obtained by Green & Cbmpany against the Star Lumber Company, composed of E. S. and C. J. Nace and A. E. Williams, for the amount of an account due Green & Company by them, was res judicata and binding upon Pidcock. That judgment, however, was admissible in evidence as proof of the fact that the Star Lumber Company were indebted to Green & Company in the amount of the judgment, but not for the purpose of fixing liability upon Pidcock. It was other evidence in the case which fixed the liability of Pidcock to the Naces to be the amount of the judgment which Green & Company had obtained against the Star Lumber Company. Williams, a codefendant with the Naces in the suit of Green & Company against the Star Lumber Company, and a codefendant with Pidcock in the present case, and who was proved to be the person who contracted the original debt with Green & Company in behalf of the Star Lumber Company, according to the testimony, admitted that the account was correct, and also admitted that it was one of the accounts which were a part of the consideration of the contract of sale in question. Without deciding as to whether this admission on the part of Williams was sufficient to fix liability on Pidcock, it is enough to say that it authorized the jury to find that the account was correct. The defendant offered no evidence to rebut any of the evidence for the plaintiffs, and under the construction that the court gave the written contract, a judgment for the plaintiffs was a proper one.
The contract contains the following stipulations: “The said E. S. Nace and C. J. Nace hereby warrant, that, so far as they know, the debts of the Star Lumber Company do not exceed the
Judgment affirmed.