Hankin Music Co. v. Deaton
| Decision Date | 16 May 1940 |
| Docket Number | 28248. |
| Citation | 9 S.E.2d 121,62 Ga.App. 599 |
| Parties | HANKIN MUSIC CO. v. DEATON. |
| Court | Georgia Court of Appeals |
Boykin & Boykin, of Carrollton, for plaintiff in error.
R. Terry, of Columbus, and J. L. Smith, of Carrollton, for defendant in error.
The plaintiff instituted a purchase-money attachment against the defendant for the purchase price of certain phonograph machines, alleging a balance due of $768.46. The levy was made and the declaration in attachment was filed. The defendant admitted the execution of the note sued on and the purchase and delivery to him of the machines described, but alleged that the plaintiff had taken back certain of the machines of a named value, and certain other articles of a named price, which amounted, together with certain services performed for the plaintiff, to the aggregate sum of $625. The amount and correctness of the credits claimed were in sharp dispute. The jury returned a verdict in favor of the plaintiff for $50.14. Conceding that the jury correctly decided all the contested issues in favor of the defendant, the evidence demanded a verdict for the plaintiff for the sum of $143.46, the difference between $768.46, the amount admitted to be due on the note and the highest claimed total credits thereon, of $625. Under the pleadings and the evidence a larger verdict having been demanded in favor of the plaintiff, he could except to the one rendered. The court erred in overruling the motion for a new trial.
Judgment reversed.
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Price v. Whitley Const. Co.
...that the court might draw a contrary inference or feel that another conclusion is more reasonable.'' See also Hankin Music Co. v. Deaton, 62 Ga.App. 599, 9 S.E.2d 121. In Pierson v. M. & M. Bus Company, 74 Ga.App. 537, 40 S.E.2d 561, 563, this court held: 'One of the main issues in the case......
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Selman v. Manis
...a new trial on the ground that a verdict in his favor is for a smaller amount than that demanded by the evidence. Hankin Music Co. v. Deaton, 62 Ga.App. 599, 9 S.E.2d 121. There is, however, authority for the view that a plaintiff who moves for a new trial because the verdict is for a small......
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Tallent v. McKelvey
...accord, King v. Citizens Bank of DeKalb, 90 Ga.App. 638, 83 S.E.2d 821; Hamer v. White, 110 Ga. 300, 34 S.E. 1001; Hankin Music Co. v. Deaton, 62 Ga.App. 599, 9 S.E.2d 121. It is contended that the amount of the verdict is explained by the application of the theory of comparative negligence......
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Textile Supplies, Inc. v. Couch
...figure inclusive of all transactions arising from the relationship between the parties. Plaintiff's reliance on Hankin Music Co. v. Deaton, 62 Ga.App. 599, 9 S.E.2d 121, is therefore inappropriate. The jury verdict being within the range of the evidence as to damages, we will not reverse th......