Neville v. Buckeye Cellulose Corp., 43870
| Decision Date | 16 September 1968 |
| Docket Number | No. 43870,No. 2,43870,2 |
| Citation | 118 Ga.App. 439,164 S.E.2d 257 |
| Parties | E. O. NEVILLE v. BUCKEYE CELLULOSE CORPORATION |
| Court | Georgia Court of Appeals |
Neville & Neville, G. Leonard Liggin, William J. Neville, Statesboro, for appellant.
Allen & Edenfield, Charles H. Brown, Statesboro, Fulcher, Fulcher, Hagler, Harper & Reed, James T. Wilson, Jr., Augusta, for appellee.
Syllabus Opinion by the Court
The defendant appeals from a judgment overruling his motion to dismiss the plaintiff's complaint which alleged in part: The plaintiff was a wholesale purchaser of soybeans. The defendant fraudulently procured a sum of money from him by certain wilful misrepresentations in delivering soybeans for sale to the plaintiff's plant during November and December 1965 and November and December 1966. The acts of fraud, misrepresentation, and deceit included placing the wheels of a second truck on the scales when a truck of soybeans was being weighed; procuring manipulation of the balance screws on the scales so as to falsify the gross weight; preparing and presenting samples of soybeas of a higher quality than those sold to the plaintiff; loading inferior soybeans into the bottom of the truck with higher quality ones on top; having the driver sit in the truck when it was being weighed. The defendant wilfully and with knowledge deceived the plaintiff as to the weight and quality of the soybeans delivered. The plaintiff acted on the representations and believed them to be true.
The allegations are sufficient to comply with the requirement of the Civil Practice Act: Ga. Laws 1966, pp. 609, 620; Code Ann. § 81A-109(b). See 2A Moores Federal Practice 1923, Par. 9.03 et seq.; 4 Cyclopedia of Federal Procedure 369, § 14.303 et seq.
The allegations do not show as a matter of law, as contended by the defendant, a failure by the plaintiff to exercise proper diligence, or that it was not reasonable for the plaintiff to rely on the alleged deceitful representations as to quality and weight, or that the plaintiff was not fraudulently prevented from ascertaining the true facts. Only by evidence presented to a jury, perhaps including the customs of the business and course of...
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Smith v. Berry, 28088
...its pleadings appellee set forth sufficient facts to satisfy the requirements of Code Ann. § 81A-109(b). See Neville v. Buckeye Cellulose Corp., 118 Ga.App. 439, 164 S.E.2d 257. The question remains whether the trial judge erred in failing to grant a mistrial due to the alleged improper rem......