120 Ga. 1057 | Ga. | 1904
L. P. Skeen, as receiver of the Paul & Gullatt Manufacturing Company, sued Wilmer L. Moore, administrator of Henry Jackson, to recover an amount alleged to be due for certain plumbing work and material as set out in a bill of particulars attached to the petition. Upon the close of the plaintiffs testimony, on motion of the defendant, the case was nonsuited. During the progress of the trial, the court refused to admit certain testimony of W. A. Camp, to the effect that defendant’s intestate had authorized him to have the work done which made up the items in the account sued on. The bill of exceptions assigns error on the exclusion of this testimony and on the grant of the nonsuit. It appeared from the testimony that the Paul & Gullatt Manufacturing Company had a written contract with defendant’s intestate to do certain plumbing work. This contract did not include the items in the account sued on; these items were for extra work añd material performed and furnished, the plaintiff claimed and introduced testimony to show, on the orders of W. A. Camp, as the agent of defendant’s intestate. Camp at the time was the lessee of a hotel belonging to Henry Jackson,
Judgment affirmed.