19 Ga. App. 58 | Ga. Ct. App. | 1916
1. The only assignment of error in the bill of exceptions is upon the overruling of the motion for a new trial. The ground of the motion which complains of the overruling of a motion to strike certain paragraphs of the plaintiff’s petition can not be considered by this court. This was matter for direct exception, and could not properly be made a ground of a motion for a new trial.
2. There was no error in the admission of the evidence complained of in the 2d special ground of the motion for a new trial.
3. No material error appears in any of the instructions excepted to, when they are considered in connection with the other instructions to the jury.
4. The plaintiff testified that his written contract with the defendant, dated July 7, 1913, as to his doing preliminary work in the State of Georgia, expired by limitation on November 1st following, and that on the last-named date a new contract between him and the defendant, as to work in-the State, of Oklahoma, went into effect; that this latter contract 'was at first by parol, but was afterwards confirmed in writing by both parties (and these writings were introduced in evidence upon the trial). The plaintiff further testified that under the new contract he was to be sent as an “organizer” for the defendant to the State of Oklahoma, at a certain compensation, and that if the defendant found that it could not “open up” that State for-its business, it would make an attempt to “open up” either the State of Arkansas or Tennessee. The undisputed evidence was that the defendant did attempt to enter Oklahoma with its business, but that it failed to do so. There was evidence, however, from the plaintiff that thereafter the defendant made no attempt (although specifically called upon to do so by the plaintiff) to “open up” either
Judgment affirmed.
