Thornton v. Davis, 63738
| Decision Date | 23 June 1982 |
| Docket Number | No. 63738,63738 |
| Citation | 162 Ga.App. 692,293 S.E.2d 1 |
| Parties | THORNTON v. DAVIS. |
| Court | Georgia Court of Appeals |
Michael B. Perry, St. Marys, for appellant.
Stephen L. Berry, Phillip M. Eddings, St. Marys, for appellee.
Plaintiff-appellant brought suit to recover the balance of the contract price for certain construction work on defendant-appellee's building. Appellee filed an answer and a counterclaim. The case was tried before a jury and a verdict was returned in favor of the appellee in the main action and in favor of appellant on the counterclaim. Appellant appeals from the entry of judgment on the jury's verdict.
1. The general grounds are without merit. See generally Mullinax v. Singleton, 139 Ga.App. 704, 229 S.E.2d 518 (1976).
2. The evidence authorized a finding that, not because of appellee's breach of the contract, but as a result of appellant's failure to perform in a satisfactory and workmanlike manner, the work had not been completed according to the terms of the contract. See generally Southern Mfg. Co. v. R. L. Moss Mfg. Co., 13 Ga.App. 847, 81 S.E. 263 (1937). Compare Poythress v. Hucks, 56 Ga.App. 657(2), 193 S.E. 475 (1937); Gellis v. B. L. I. Constr. Co., 148 Ga.App. 527, 535(I), 251 S.E.2d 800 (1978). It was not error to instruct the jury, in essence, that in such event there could be no recovery of the unpaid balance under the contract and no enforcement of its collection by a lien foreclosure. Southern Mfg. Co., 13 Ga.App. 847, 81 S.E. 263, supra. See also Jones v. Ely, 95 Ga.App. 4, 96 S.E.2d 536 (1957); MacLeod v. Belvedale, Inc., 115 Ga.App. 444, 154 S.E.2d 756 (1967). Enumerations asserting error in the jury charge are meritless.
3. One of the grounds raised in appellant's motion for new trial was the discovery of "new" evidence. On appeal, appellant enumerates as error the failure to grant his motion for new trial on this ground. We find no basis for reversal for any reason assigned. See generally Atlanta Warehouses v. Housing Authority of Atlanta, 143 Ga.App. 588, 591(3), 239 S.E.2d 387 (1977).
4. During the course of direct examination of a witness for appellant, the trial court sustained appellee's relevancy objection to a question propounded to the witness. The exclusion of the witness's answer is enumerated as error. Review of the transcript demonstrates no basis for the assertion of reversible error in this regard. See generally Williams v. Tribble, 140 Ga.App. 390, 231 S.E.2d 86 (1976).
5. Error, if any, in the denial of appellant's motion for directed verdict as to appellee's counterclaim would be harmless in view of the jury's verdict for appellant on that claim. See generally ...
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Georgia Power Co. v. Hinson
...verdict on the issue of lost profits in view of the jury verdict in favor of appellant on this issue. See Thornton v. Davis, 162 Ga.App. 692, 693(5), 293 S.E.2d 1 (1982). Appellant argues that the trial court erred by denying its motions to strike and for directed verdict, both made on appe......