Johnson v. Mann

• Decision Date: 18 June 1974
• Docket Number: No. 49374,No. 1,49374,1
• Citation: Johnson v. Mann, 207 S.E.2d 663, 132 Ga.App. 169 (Ga. App. 1974)
• Parties: Clide JOHNSON v. William E. MANN
• Court: Georgia Court of Appeals

Page 663

207 S.E.2d 663

132 Ga.App. 169

Clide JOHNSON v. William E. MANN.

No. 49374.

Court of Appeals of Georgia, Division No. 1.

June 18, 1974.

Louis H. Mitchell, Columbus, for appellant.

Elkins, Flournoy & Garner, Thomas M. Flournoy, Jr., Columbus, for appellee.

Syllabus Opinion by the Court

CLARK, Judge.

' The direction of a verdict is proper only where there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. Code Ann. § 81A-150(a) . . . It is only where reasonable men may not differ as to the inferences to be drawn from the evidence that it is proper for the judge to remove the case from jury consideration. Canal Ins. Co. v. Tate, 111 Ga.App. 377, 141 S.E.2d 851.' State Farm Mut. Auto. Ins. Co. v. Snyder, 125 Ga.App. 352, 187 S.E.2d 878; Powell v. Ferguson Tile etc. Co., 125 Ga.App. 683, 688(6), 188 S.E.2d 901.

In this action for breach of contract, plaintiff and defendant had made an oral contract for beautification of plaintiff's lawn. Plaintiff testified that pursuant to the contract defendant was to 'remove all grass, level the land off, break it up, fertilize it, and sprig it for $1,600.' Evidence was introduced that the grass was not removed, that the yard was not leveled, had not been either fertilized or broken up, and that much of the grass which defendant planted was defective. Although plaintiff introduced inconsistent or conflicting evidence concerning defendant's compliance with the contract, it was for the jury, not the court, to reconcile the inconsistencies. The court therefore erred in directing a verdict for the defendant.

Defendant asserts that since plaintiff's wife had inspected the lawn before giving defendant a check for the contract price, plaintiff thereby waived any breach. In support of his assertion, de...