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Inn of Dalton, Inc. v. Hill

Court of Appeals of Georgia
Feb 17, 1977
233 S.E.2d 275 (Ga. Ct. App. 1977)

Opinion

53421.

SUBMITTED FEBRUARY 15, 1977.

DECIDED FEBRUARY 17, 1977.

Materialman's lien. Whitfield Superior Court. Before Judge Temples.

Barnes Johnson, Don W. Johnson, for appellants.

Kinney, Kemp, Pickell, Avrett Sponcler, Henry C. Tharpe, Donald G. Loggins, for appellee.


Frank Hill, d/b/a Dixie Electric Company, brought suit seeking a money judgment for his performance of a contract for electrical wiring, and also a special judgment foreclosing his claim of lien with respect to the job. Defendants appeal from an adverse judgment.

1. The trial court sustained an objection to a question on cross examination as to the cause of plaintiff's departure from a previous job. Since that was a separate and distinct transaction having no relevance to the instant case, the ruling was correct. Code Ann. § 38-202. In any event counsel failed to make a showing as to what he expected the witness to answer which is a prerequisite to a successful claim of error. Andrews v. Commercial Credit Corp., 129 Ga. App. 294, 297 (4) ( 199 S.E.2d 383) (1973).

2. Defendants made a "best evidence" objection to the following question and answer: "Did you wire it according to the plans? A. Yes, I did." No reversible error appears since the "best evidence" rule is actually an "original writing" rule which applies only where the contents of a writing are in issue ( Sumners v. State, 137 Ga. App. 493, 494 ( 224 S.E.2d 126) (1976); Springer v. State, 238 Ga. 81 ( 230 S.E.2d 883) (1976)) and since in any event the testimony pertained not to the contents of the plans but to their performance.

3. The general grounds have not been argued and are deemed abandoned. Rule 18 (c) (2), this court.

Judgment affirmed. Deen, P. J., and Marshall, J., concur.

SUBMITTED FEBRUARY 15, 1977 — DECIDED FEBRUARY 17, 1977.


Summaries of

Inn of Dalton, Inc. v. Hill

Court of Appeals of Georgia
Feb 17, 1977
233 S.E.2d 275 (Ga. Ct. App. 1977)
Case details for

Inn of Dalton, Inc. v. Hill

Case Details

Full title:INN OF DALTON, INC. et al. v. HILL

Court:Court of Appeals of Georgia

Date published: Feb 17, 1977

Citations

233 S.E.2d 275 (Ga. Ct. App. 1977)
233 S.E.2d 275