Johnson v. Fulmer, 48268
| Decision Date | 27 June 1973 |
| Docket Number | No. 3,No. 48268,48268,3 |
| Citation | 129 Ga.App. 317,199 S.E.2d 639 |
| Parties | C. D. JOHNSON v. Arthur FULMER |
| Court | Georgia Court of Appeals |
Scott Walters, Jr., East Point, for appellant.
Albert A. Roberts, East Point, for appellee.
Syllabus Opinion by the Court
1. In this action on account for damages of $6,720.97, the verdict and judgment for the plaintiff for $4,368.93 was within the range of the evidence; therefore, this court will not disturb the trial judge's overruling of the general grounds of the defendant's motion for a new trial. See Darby v. Evans, 94 Ga.App. 561, 95 S.E.2d 745 and cits.
2. The verdict being authorized by the evidence, the overruling of the motion for judgment notwithstanding the verdict was not error.
3. The trial judge did not err in sustaining the plaintiff's motion to strike the defendant's counterclaim based on failure of consideration, since the defendant did not carry his burden of proving with competent evidence the cost of putting the allegedly defective merchandise into merchantable condition. Steward v. Crenshaw, 58 Ga.App. 762, 199 S.E. 850.
Judgment affirmed.
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Hill v. Hospital Authority of Clarke County
...being authorized by the evidence, the overruling of the motion for judgment notwithstanding the verdict was not error.' Johnson v. Fulmer, 129 Ga.App. 317, 199 S.E.2d 639. Judgment PANNELL, P.J., and QUILLIAN, J., concur. 1 The previous record was 3,411 pages in Geiger v. State, 129 Ga.App.......
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Accredited Associates, Inc. v. Shottenfeld
...burden of proof is on the movant (see, e.g., Marsh v. Berens, 237 Ga. 135, 227 S.E.2d 36 (1976), summary judgment; Johnson v. Fulmer, 129 Ga.App. 317(3), 199 S.E.2d 639 (1973), counterclaim), unless provided otherwise by statute (see, e.g., Code Ann. § 27-313(b), motion to suppress evidence......
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Barnum v. Martin
...being authorized by the evidence, overruling of the motion for judgment notwithstanding the verdict was not error. Johnson v. Fulmer, 129 Ga.App. 317(2), 199 S.E.2d 639. 2. Appellant bases two enumerations of error upon the trial court's finding of timely ante litem notice to it by appellee......
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