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VALDOSTA ROOFING &c. CO. v. LAWRENCE

34890.

89 Ga. App. 168 (1953)

79 S.E.2d 10

VALDOSTA ROOFING & SUPPLY COMPANY v. LAWRENCE.

Court of Appeals of Georgia.

Decided November 18, 1953.

Attorney(s) appearing for the Case

E. L. Smith, for plaintiff in error.

Smith & Gardner, B. C. Gardner, Jr., contra.

GARDNER, P. J.

Code § 110-310 provides: "A nonsuit shall not be granted merely because the court would not allow a verdict for plaintiff to stand; but if the plaintiff fails to make out a prima facie case, or if, admitting all the facts proved and all reasonable deductions from them, the plaintiff ought not to recover, a nonsuit shall be granted." The plaintiff brought the present suit against the defendant on open account to recover the difference between the...

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