Edgeman v. Thomas
| Decision Date | 20 September 1974 |
| Docket Number | No. 3,Nos. 49699,49700,s. 49699,3 |
| Citation | 132 Ga.App. 866,209 S.E.2d 658 |
| Parties | Virginia EDGEMAN v. Mrs. J. S. THOMAS et al. Mrs. J. S. THOMAS et al. v. Virginia EDGEMAN |
| Court | Georgia Court of Appeals |
Harrison & Garner, G. Hughel Harrison, Lawrenceville, for appellant.
William J. Porter, Jr., Chamblee, for appellees.
Syllabus Opinion by the Court
Plaintiff landlords instituted dispossessory proceedings against defendant tenant. The tenant counterclaimed for breach of duty to repair as provided for by the lease, claiming damage to her business ('ladies ready-to-wear') caused by water leaks, moisture, mold, mildew, foul odors, etc. The jury returned a verdict for the tenant in the amount of $18,150 less $2,100 unpaid rental, for a net verdict of $16,050. The trial court granted the landlords' motion for new trial on the ground that 'the verdict of the jury is not supported by the evidence as to loss of profits claimed by defendant,' but denied the landlords' motion for judgment n.o.v. The tenant appeals with a certificate of review from the granting of the new trial, and the landlords similarly cross appeal from the order denying the motion for judgment n.o.v. Held:
1. .' Winn Dixie, Inc. v. Whaley, 127 Ga.App. 381(1), 193 S.E.2d 279. The verdict for the tenant was not demanded, and the grant of the new trial will not be disturbed. Wooten v. Nash, 126 Ga.App. 86, 190 S.E.2d 89.
2. While the evidence may not have supported the amount of the verdict returned, it did authorize a verdict for the tenant in some amount. There was evidence showing damage to the tenant's business caused by the landlords' failure to repair, and the record shows the dollar amounts of gross sales for the preceding four years and the average percentage of profit made by the tenant on those sales. This testimony meets the 'reasonable certainty' test (Crankshaw v. Stanley Homes, Inc., 131 Ga.App. 840(2), 207 S.E.2d 241; Gray v....
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Bradley v. Godwin
...question might be presented were the evidence to show that tenant had suffered actual damage in some amount (Edgeman v. Thomas, 132 Ga.App. 866, 209 S.E.2d 658 (1974); Bendle v. Ortho Mattress, Inc., 133 Ga.App. 575, 579-81, 211 S.E.2d 618 (1974)), the only actual damage which could possibl......
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Florida East Coast Properties, Inc. v. Davis, 50007
...the jury's verdict. 5. We cannot say the trial court abused its discretion in setting aside the jury's verdict. See Edgeman v. Thomas, 132 Ga.App. 866(1), 209 S.E.2d 658; Blanchard v. Westview Cemetery, Inc., 133 Ga.App. 262, 263(1), 211 S.E.2d 6. As the trial court correctly opened the def......
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State Farm Fire & Cas. Co. v. Fordham
...expenses." The trial court did not err in denying defendant's motions for directed verdict as to the full amount. Edgeman v. Thomas, 132 Ga.App. 866(2), 209 S.E.2d 658; Talmadge v. Talmadge, 241 Ga. 609(2), 247 S.E.2d 61. Inasmuch as the jury verdict was not divided as to the amount awarded......