18 Ga. App. 765 | Ga. Ct. App. | 1916
1. Under the ruling of the Supreme Court on the question certified in this case, the judge of the municipal court of Atlanta, Eulton section, had the same authority to direct a verdict in a proper case as a judge of the superior court might possess. Pratt v. Foster, 146 Ga. (90 S. E. 530).
2. This was an action for money had and received, brought against agents who negotiated, through others, a sale to the plaintiff of lands supposed to belong to their principal. It was alleged, and there was testimony tending to show that the amount paid by the purchaser was paid in consequence of a mistake of fact, in that the plaintiff understood that he was buying another and a different parcel of land from that actually conveyed by the deed delivered to him. So far. as appears, the defendants acted in good faith, and the amount voluntarily paid to and re