Parker v. Futures Unlimited, Inc.
| Decision Date | 12 February 1981 |
| Docket Number | No. 61101,61101 |
| Citation | 278 S.E.2d 99,157 Ga.App. 520 |
| Parties | PARKER v. FUTURES UNLIMITED, INC. |
| Court | Georgia Court of Appeals |
Jay W. Bouldin, Jonesboro, for appellant.
R. Hal Meeks, Jr., Atlanta, for appellee.
Appellee sued appellant alleging appellee's entitlement to receive the sum of $900 from appellant on the basis of an oral contract to make a loan. After a bench trial, the court entered judgment in favor of appellee in the amount of the alleged unrepaid loan and this appeal is from that judgment.
While not without conflict, the evidence authorized a finding that the money advanced to appellant by the appellee was a loan to be repaid and not compensation for employment. See generally McLendon v. Johnson, 69 Ga.App. 214(3), 25 S.E.2d 53 (1943), overruled on other grounds in Barfield v. Hilton, 238 Ga. 150, 231 S.E.2d 755 (1977). Appellant's argument that the judgment must fall because no time for repayment was specified is without merit. Wolf v. Arant, 88 Ga.App. 568, 571, 77 S.E.2d 116 (1953). Here, the trial judge, sitting without a jury, was the trior of facts and his findings are amply supported by the evidence.
Judgment affirmed.
To continue reading
Request your trial
-
Triple Eagle Associates Inc. v. Pbk Inc.
...19. Barrow County Airport Auth. v. Romanair, Inc., 260 Ga.App. 887, 889(1), 581 S.E.2d 402 (2003) (quoting Parker v. Futures Unlimited, 157 Ga.App. 520, 520–21, 278 S.E.2d 99 (1981)); see also Griffith v. Fed. Deposit Ins. Corp., 242 Ga. 367, 368, 249 S.E.2d 54 (1978) (“[A] contract is not ......
-
BARROW COUNTY AIRPORT AUTH. v. ROMANAIR
...Moreover, we do not agree with the Authority that the issue must be decided by a jury. It is true that in Parker v. Futures Unlimited, 157 Ga.App. 520, 278 S.E.2d 99 (1981), this court What is a reasonable time is for the jury. Where no definite time is stated for the performance of a contr......
- Ray v. State, 60850
-
Department of Medical Assistance v. Llewellyn
...See OCGA §§ 1-3-3(5); 13-4-20; Jeff Goolsby Homes Corp. v. Smith, 168 Ga.App. 218, 308 S.E.2d 564 (1983); Parker v. Futures Unlimited, 157 Ga.App. 520, 278 S.E.2d 99 (1981). In the instant case the record shows that the remittitur was sent to the trial court on January 31, 1990; that it was......