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31 Ga. App. 491

Moore v. Smith

Court of Appeals of Georgia

Decided January 15, 1924

Court of Appeals of Georgia · decided 1924-01-15

Cited by 4 later decisions — most recently September 1979

4 state decisions

Relies on 21 Ga. App. 665 - Hunnicutt Co. v. Kane

Good law ✅— No negative treatment on recordhow we know

Decided 1924-01-15

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Luke, J.

¶1Where the defense to a suit is based solely upon partial failure of consideration, before a verdict can legally be rendered giving the defendant the benefit of that defense he must show the extent to which the consideration failed; the evidence must present sufficient data upon Which to base such a verdict. Hunnicutl Co. v. Kane, 21 Ga. App. 665 (94 S. E. 821). The evidence in the present case failing to disclose any specific damage to the defendant, who for several months before he made complaint used the automobile for which the notes sued on were given, there was no error in directing a verdict for the plaintiff.

¶2 Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur. B. Q. Jachson, for plaintiff in error. Horton Brothers, Anderson, Rountree & Crenshaw, contra.
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