81 Ga. 429 | Ga. | 1888
The writings in evidence are very powerful in their bearing against the correctness of the verdict, so much so that the matter ought to be investigated by á new trial. There is nothing to contradict the testimony of Roberts that the paper purporting to be the contract for 1886 was handed to him by Crowley' with his name signed to it. Whether Crowley signed his own name, makes no difference. He could adopt the signature made by another, and so he' did, if he delivered the paper to Roberts as his contract. He testifies that the contract for that year was not in writing, except as contained in certain letters; and so he may think, but if he delivered to Roberts the instrument dated January 18th, with his name appended to it, it was' in writ
The testimonial given by May & Roberts to Crowley upon his discharge, on the 3d of March, 1887, is almost conclusive that both parties treated the engagement aa then at an end; for it recommends him for employment “ to all whom it may concern.” And he accepted employment in Memphis within a few days thereafter. He had sent away his family a shoi’t time before, and neither he nor they, so far as appears, have ever returned to Atlanta. When only two months of the year had elapsed, why should he want to be recommended for similar positions if he retained his position with May & Roberts ? Would he have asked for such a recommendation unless he was out of their employment? Would they have given it unless he had gone out willingly, or consistently with some conceded right in them to discharge him ? It may fairly be presumed that there was some human nature in May & Roberts, if not in Mr. Crowley himself. Giving both parties credit for an ordinary share in the usual modes of thinking and feeling, the letter of recommendation was not a mere vacation circular, nor was it the result of an unsatisfactory settlement of accounts. In the general course of things, it would follow no settlement which was not understood to be final and mutually satisfactory. Another writing was the letter of April 6th from May & Roberts to Crowley, in which they told him his discharge was accepted by him as final. That statement was made directly to him, and if untrue, called for contradiction; but there is no indication of a
The court should have granted a new trial on the general grounds of the motion.
Judgment reversed.