T. C. A. Radio Tower Co. Inc. v. S. J. Durrance

Full title: T. C. A. RADIO TOWER COMPANY, INC. v. S. J. DURRANCE COMPANY, INC

Court: Court of Appeals of Georgia

Date published: Sep 21, 1964

138 S.E.2d 441 (Ga. Ct. App. 1964)

138 S.E.2d 441

Opinion

40844.

DECIDED SEPTEMBER 21, 1964.

Action on account. Fulton Civil Court. Before Judge Camp.

Sam G. Dettelbach, for plaintiff in error.

Smith, Spears Spears, Virgil H. Smith, contra.

PANNELL, Judge.

Upon submission of the case to the trial judge without the intervention of a jury, the evidence, though conflicting, was sufficient to authorize the judgment against the defendant for the amount sued for. The fact that the evidence would also have authorized a judgment in favor of the defendant does not require a ruling that the judgment in favor of the plaintiff was not authorized. The trial judge did not err in overruling defendant's motion for new trial containing the usual general grounds and two special grounds, which were mere elaborations of the general grounds.

Judgment affirmed. Felton, C. J., and Frankum, J., concur.

DECIDED SEPTEMBER 21, 1964.