Jones v. Lynch

• Decision Date: 31 January 1875
• Court: Georgia Supreme Court
• Parties: Darwin G. Jones, plaintiff in error. v. James Lynch et al., executors, defendants in error.

54 Ga. 271

Darwin G. Jones, plaintiff in error. v. James Lynch et al., executors, defendants in error.

Supreme Court of the State of Georgia

(Atlanta, January Term, 1875.)

New trial. Charge of Court. Before Judge Hopkins. Fulton Superior Court. March Term, 1874.

Reported in the decision.

John M. Clarke & Son; Collier, Mynatt & Collier, for plaintiff in error.

L. J. Glenn & Son; A. W. Hammond & Son, for defendants.

WARNER, Chief Justice.

This was an action brought by the plaintiffs against the defendant, on a promissory note for the sum of $1,500 00, dated 23d June, 1870, due twelve months after date. The defendant alleged in his plea to the plaintiff's action, that the note was given to the plaintiffs' testator in part payment for a tract of land in the city of Atlanta, containing twenty and five-eighths acres, more or less; that at the time of the purchase of said tract of land plaintiffs' testator, by his agent, represented that said tract of land was bounded on the east by Gray street in said city, when in fact it was not, there being no such street there; that this street was of great value to the property, and one inducement to its purchase, and that the consideration for which the note was given has partially failed. On the trial of the case, the jury found a verdict in favor of the plaintiffs for $4,360 00, only finding for the defendant for the damage claimed by him under his plea and the evidence in support thereof, the sum of $140 00. The defendant made a motion for a new trial on the ground that the verdict was contrary to the evidence, contrary to law, and the charge of *the court. The motion for a new trial was overruled, and the defendant excepted.

The evidence in the record is, that in consequence of therebeing no Gray street on the eastern boundary of the land sold, its value was diminished from $500 00 to $1,000 00. Some of the witnesses estimate the damages as high as $1,000 00, and others not so much, but the lowest estimate of the damage sustained by the defendant, proved by any witness, was $500 00. The court, after charging the jury the law applicable to the case, charged them as follows: "If you find there is a liability, go further and see what should be the amount of the recovery by defendant. For this purpose look to the proof as to what was the value of the land, see to what extent the value of the land was lessened by this representation; that would be the measure of damages." There was no exception to the charge of the court...