111 Ga. App. 784 | Ga. Ct. App. | 1965
A decision of an appellate court based on evidence adduced on the trial of a case becomes the law of the case as to the effect of the same or substantially identical facts on another trial. Scott v. Sanders, 27 Ga. App. 128 (107 SE 494); New York Life Ins. Co. v. Ittner, 62 Ga. App. 31 (8 SE2d 582); Beale v. Grimsley, 105 Ga. App. 733 (125 SE2d 554). Under the decision on the first appearance of this case (s.c., 107 Ga. App. 586, 130 SE2d 808) it was adjudicated that the assignment contract and the 61 receipts signed by an insurance salesman for advances made against earned premiums “is subject only to the construction that it effectuated express promises by the agent to repay to the company any excess of advances over the commissions earned.”
On the second trial it appeared that Fowler, manager of the plaintiff’s agency in Atlanta prepared the assignment contract and the defendant signed it, as the defendant testified, on or before he went to work with the company. Fowler stated, “It had been authorized in Hartford. I could only prepare the file and send it to Hartford with recommendation that
The trial court erred in overruling the motion for a new trial.
Judgment reversed.