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Harris v. Gay

Harris v. Gay, 85 S.E. 355 (Ga. Ct. App. 1915)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
May 17, 1915
Docket
No. 5811
Judges
Broyles
Citations
85 S.E. 35516 Ga. App. 3421915 Ga. App. LEXIS 617
Summary
Complaint; from city court of Fort Gaines — Judge Turnipseed. May 11, 1914.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Broyles

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Broyles, J.

1. The contentions of both parties to a suit should, in the court’s charge to the jury, be presented with equal fullness. Seaboard Air-Line Ry. v. Sikes, 4 Ga. App. 7 (6), 12 ( 60 S. E. 868 ). Where A. buys a horse from B., and gives his promissory notes for the purchase-money, and afterwards complains to B. that the horse is unsound, and B. gives a credit of $50 to A., and, on the trial of a suit of B. upon the notes, the contention of B. is that this amount was to be credited on. the notes as completely covering the defects of the horse, and the contention of A. is that the amount was not to be credited as entirely covering the defects of the horse, but that this credit was only for loss of the services of the horse up to the time the credit was given, and the trial judge, in his charge to the jury, states the contention of B., the contention of A. should also be stated. In this case the court failed to state the contention of the defendant to the jury as outlined above, and the judgment must therefore be reversed.

2. There is no merit in .any of the assignments of error other than those dealt with above. Judgment reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1959: 11963: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. Atlantic Coast Line Railroad v. Smith130 S.E.2d 355 (Ga. Ct. App. 1963)
  2. Ackerman v. Mathis112 S.E.2d 191 (Ga. Ct. App. 1959)

Most recent

  1. Atlantic Coast Line Railroad v. Smith130 S.E.2d 355 (Ga. Ct. App. 1963)
  2. Ackerman v. Mathis112 S.E.2d 191 (Ga. Ct. App. 1959)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Seaboard Air-Line Ry. v. Sikes, 60 S.E. 868 (Ga. Ct. App. 1908) 12

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