Hightower v. Kitchens

• Citation: 45 S.E. 267,118 Ga. 277
• Parties: HIGHTOWER v. KITCHENS.
• Decision Date: 01 July 1903
• Court: Georgia Supreme Court

45 S.E. 267

118 Ga. 277

HIGHTOWER v. KITCHENS.

Supreme Court of Georgia

July 1, 1903

Syllabus by the Court.

1. Where suit is brought for a named sum, alleged to be due the plaintiff under a contract for the sale of a number of musical instruments, upon a commission of 12 1/2 per cent. on the proceeds of each sale, evidence showing that the plaintiff was, under his contract with the defendant, to receive 11 1/4 per cent. commission on the proceeds of the sale of such musical instruments does not constitute a fatal variance between the allegata and the probata. Under such evidence, a verdict for 11 1/4 per cent. of the total amount of the proceeds of sales made by plaintiff is warranted.

Error from City Court of Dublin; J. S. Adams, Judge.

Action by T. H. Kitchens against R. H. Hightower. Judgment for plaintiff, and defendant brings error. Affirmed.

Hawkins & Weddington, for plaintiff in error.

S. B. Baker, for defendant in error.

PER CURIAM.

Judgment affirmed.