88 Ga. 743 | Ga. | 1892
Roulston brought suit by attachment against Stix, Krouse & Co., non-residents of this State, for the sum of $900, with interest, on an account for salary and commissions alleged to be due him as a salesman for the defendants for the year 1884. The jury returned a verdict in his favor for $725, with interest and costs. The defendants made a motion for a new trial, which was overruled, and they excepted.
It was objected that this testimony was irrelevant and immaterial, and tended to prejudice the minds of the jury. We think the objection should have been sustained. If, as stated in the record, the purpose of the testimony was to show the reason for making the alleged new contract, it could be material only in so far as it might afford a legal ground for the abandonment of the original contract of service or for the new undertaking of the defendants. If it was incumbent upon the plaintiff to show a reason for this new undertaking, the reason must have been such as would be sufficient in law to uphold it. A reason or motive which could have no weight in sustaining the undertaking would be wholly immaterial as a reason for making it. It is clear that the violation by the defendants of their promise to a third person, made subsequently to the plaintiff’s original contract of service and in no way connected therewith, would afford no legal ground for his abandonment of that contract, and could not be relied upon to uphold the new undertaking. Besides, if the matter here testified about was recognized or treated by the defendants as a reason for their new undertaking, it does not appear from this or any other part of the testimony.
The reasons stated being sufficient to require a reversal of the judgment, we deem it unnecessary to enter into any further discussion of the grounds presented by the motion for a new trial. Judgment reversed.