Prosser v. Horis A. Ward, Inc., 45863
| Citation | 123 Ga.App. 205,180 S.E.2d 270 |
| Decision Date | 22 January 1971 |
| Docket Number | No. 2,No. 45863,45863,2 |
| Parties | , 64 Lab.Cas. P 52,479 Leola M. PROSSER v. HORIS A. WARD, INC |
| Court | United States Court of Appeals (Georgia) |
John Harris Paer, Nancy S. Cheves, Atlanta, for appellant.
Powell, Goldstein, Frazer & Murphy, C. B. Rogers, Henry Young, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
The plaintiff, an undertaking establishment, commenced this action to recover on a contract dated December 22, 1968, purportedly signed by the defendant, for the funeral and burial of her deceased mother. The defendant moved for a directed verdict on the ground that the contract was made on Sunday, in violation of Code Ann. § 26-9908 (former Code § 26-6905) and therefore unenforceable. The trial judge sustained the motion but, following judgment on the verdict, granted a new trial, from which the defendant appeals. Held:
1. In our opinion an agreement made on Sunday for the funeral and burial of a person then deceased, irrespective of the date of performance, is ordinarily to be regarded as a work of necessity, and cannot be regarded as a matter of law as showing a violation of Code Ann. § 26-9908, which excepts 'works of necessity' from the Sunday activities proscribed as a misdemeanor offense, so as to constitute an illegal transaction which is void under Code § 20-501 or unenforceable as contrary to public policy under Code § 20-504. See Donovan v. McCarty, 155 Mass. 543, 547, 30 N.E. 221; Carton v. Shea, 312 Mass. 634, 45 N.E.2d 826.
2. No reason is argued and insisted upon which would authorize this court to disturb the first grant of a new trial on a motion which covers nothing more than the usual general grounds and alleged error in directing a verdict not demanded by the evidence.
Judgment affirmed.
To continue reading
Request your trial
-
Blanchard v. Westview Cemetery, Inc.
... ... Mann, 117 Ga.App. 787, 161 S.E.2d 894; Prosser v ... Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 270.' (Emphasis ... ...
-
Blanchard v. Westview Cemetery, Inc.
...(former Code § 26-6905, now Code Ann. § 26-9908) applicable to work on Sunday. See the recent case of Prosser v. Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 170. 2. Regardless of whether Mrs. Blanchard ever received or examined the rules and regulations of the cemetery they are a part ......
-
Smith v. Clark, 46059
...§ 6-1608; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894; Prosser v. Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 270. Appeal QUILLIAN and EVANS, JJ., concur. ...
- Wright v. Cooper, 45790