123 Ga. 243 | Ga. | 1905
1. The judge charged the jury as follows: “ I charge you that in order to establish a parol contract for the sale of land that would be a basis of recovery for defendant and a verdict in his favor for specific performance, the evidence must be so clear and unequivocal as to satisfy your minds to a reasonable certainty that such a contract was made.” This charge was alleged to be erroneous, because it required a higher degree of proof than the law demands. Error was also assigned upon other portions of the charge in which the judge used similar language. He also stated, in the concluding portion of the charge, that the jury were to be governed in. this case, as in all other cases, by the preponderance of testimony and by the rules of law to which he had called their attention, and stated that by
2. The charge, when considered as a whole, fairly submitted to the jury the issues involved in the case; and if there were any errors at all in the charge, they were not of such a character as to require the granting of a new trial. The evidence, though conflicting, amply warranted the verdict, and no reason appears for reversing the judgment.
Judgment affirmed.