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American Vigorelli v. Smith, Phillips Dipietro

Court of Appeals of Georgia
Jan 8, 1981
276 S.E.2d 158 (Ga. Ct. App. 1981)

Opinion

60859.

DECIDED JANUARY 8, 1981.

Action on contract, etc. Fulton State Court. Before Judge Wright.

Alvin N. Siegel, for appellant.

E. Lewis Hansen, for appellee.


Appellee-plaintiff instituted suit to recover for services alleged to have been performed for appellant-defendant pursuant to a written agreement. Appellant answered and raised by way of defense the lack of authority of the party who had signed the agreement on its behalf. Appellant appeals from the following order: "The above and foregoing case coming regularly on the jury trial calendar for trial on April 14, 1980 and after hearing evidence by the parties, the [appellee] having moved the Court for a directed verdict and the same being sustained: It is therefore considered, ordered and adjudged, that the [appellee] have judgment in its favor and against the [appellant] . . ."

On appeal appellant's enumerations of error are addressed solely to the direction of the verdict against it and its arguments all relate to the evidence concerning the authority of appellant's signatory to the agreement being sued upon. However, "[n]o transcript of the evidence has been filed nor has the evidence adduced at trial been otherwise submitted under the methods outlined in Code Ann. § 6-805. Accordingly, we must assume that the trial court correctly granted the [appellee's] motion. [Cit.]" Haga v. Holcombe, 147 Ga. App. 520 ( 249 S.E.2d 695) (1978).

Judgment affirmed. Quillian, C. J., and Shulman, P. J., concur.


DECIDED JANUARY 8, 1981.


Summaries of

American Vigorelli v. Smith, Phillips Dipietro

Court of Appeals of Georgia
Jan 8, 1981
276 S.E.2d 158 (Ga. Ct. App. 1981)
Case details for

American Vigorelli v. Smith, Phillips Dipietro

Case Details

Full title:AMERICAN VIGORELLI, INC. v. SMITH, PHILLIPS DIPIETRO

Court:Court of Appeals of Georgia

Date published: Jan 8, 1981

Citations

276 S.E.2d 158 (Ga. Ct. App. 1981)
276 S.E.2d 158

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