54 Ga. 178 | Ga. | 1875
This was an action brought by the plaintiff against the defendant, on an alleged agreement to purchase from the plaintiff an account on one Jack Denson for $249 99, for which the defendant promised to pay the plaintiff $186 00, which he has failed and refuses to do. On the trial of the case, the plaintiff proved that the contract or agreement was in parol, and not reduced to writing, and whilst the plaintiff’s witness was on the stand, in the midst of his testimony, defendant’s counsel moved the court to non-suit the plaintiff, because the defendant did not promise in writing to purchase the account, and that the same was void under the statute of frauds. The court sustained the motion, and non-suited the plaintiff. During the same term of the court, the plaintiff made a motion to reinstate his case on the docket, on the ground that the non-suit ivas improperly granted, and for other reasons stated in the motion, which was overruled, and the plaintiff excepted.
Let the judgment of the court below be reversed.