Opinion
37289.
DECIDED SEPTEMBER 29, 1958.
Action on debt; nonsuit. Hall Superior Court. Before Judge Kelley. May 6, 1958.
Frank B. Stow, Robert E. Andrews, for plaintiff in error.
Telford, Wayne Smith, Sidney O. Smith, Jr., contra.
The court did not err in awarding the nonsuit for two reasons: one, the plaintiff did not prove a case as alleged, Dixie Ornamental Iron Co. v. Parrish, 91 Ga. App. 11, 12 ( 84 S.E.2d 716); and two, the plaintiff sought to recover a debt allegedly owed him out of the assets of a partnership and it did not appear that there had been a dissolution settlement or a balance struck between the parties or any admission as to a definite liability and the evidence was not such as would have supported a final accounting between the parties. Paulk v. Creech, 8 Ga. App. 738 (5) ( 70 S.E. 145); Gunter v. King, 46 Ga. App. 297 ( 167 S.E. 549); Cox v. Manning, 13 Ga. App. 518 ( 79 S.E. 484); Bush v. Smith, 77 Ga. App. 329, 332 ( 48 S.E.2d 582).
The court did not err in awarding a nonsuit.
Judgment affirmed. Quillian and Nichols, JJ., concur.