Career Builders v. Southern Industrial Builders

Full title: CAREER BUILDERS, INC. v. SOUTHERN INDUSTRIAL BUILDERS, INC

Court: Court of Appeals of Georgia

Date published: Mar 16, 1979

254 S.E.2d 508 (Ga. Ct. App. 1979)

254 S.E.2d 508

Opinion

57368.

SUBMITTED MARCH 5, 1979.

DECIDED MARCH 16, 1979.

Action for commission. Fulton State Court. Before Judge Wright.

Wininger Gregory, David R. Wininger, for appellant.

Alston, Miller Gaines, Thomas Thorne-Thomsen, for appellee.

UNDERWOOD, Judge.

This is a suit by an employment agency for a service fee claimed to be owed for placement of an employee with defendant employer. The trial court, sitting without a jury, entered judgment for defendant on alternative grounds, one being that plaintiff had failed to prove properly that it was a duly licensed employment agency (see Management Search, Inc. v. Kinard, 231 Ga. 26 ( 199 S.E.2d 899) (1973)), and the other being that it had failed to establish a prima facie case because it "did not tender into evidence any documents on which [it] bases its case and claim against defendant."

In this court plaintiff challenges the ground as to proof of licensing, but fails to address the alternative ground for judgment. Since that ground is sufficient on its face to support the judgment rendered, and no reversible error has been demonstrated with respect to it, the judgment must be affirmed.

Judgment affirmed. Webb, P. J., and Banke, J. concur.

SUBMITTED MARCH 5, 1979 — DECIDED MARCH 16, 1979.