143 Ga. 569 | Ga. | 1915
1. In view of the recitals contained in the contract, and of the former ruling of this court, the following charge was not error: “Now, gentlemen, there is a certain written contract which has been introduced in this case. I charge you, gentlemen, that this is not a wagering contract on its face; that it is a legal contract on its face.” Daniel v. Reeves, 139 Ga. 646 (77 S. E. 1067).
2. Nor was the following charge error: “I charge you, gentlemen, that the intention of the parties may differ among themselves; in such cases the meaning placed on the contract by one party and known to be thus understood by the other party shall be held as the true meaning.”
3. The refusal to direct a verdict is not cause for a reversal. Cunningham v. Waters, 142 Ga. 115 (82 S. E. 518).
4. Certain evidence of the plaintiff was allowed to go to the jury, over objection, to the effect that the plaintiff had resold the cotton to another person after making the contract with the defendant, and that the plaintiff delivered 50 of the 150 bales so sold to the purchaser; also, the evidence of the person to whom the plaintiff sold, to the same effect. For the reasons given in the case of Richter v. Kilpatrick, 143 Ga. 470 (85 S. E. 319), we think the court erred in admitting this evidence over objection of the defendant. These were but self-serving declarations, made subsequently to the making of the contract, the validity of which could not be established by proof of independent -collateral action of one of the parties thereto. Judgment reversed.