WHITED v. ATLANTA COCA-COLA BOTTLING CO.

34584.

88 Ga. App. 241 (1953)

76 S.E.2d 408

WHITED v. ATLANTA COCA-COLA BOTTLING CO.

Court of Appeals of Georgia.

Decided May 19, 1953.


Attorney(s) appearing for the Case

Wm. E. Zachary, Marvin O'Neal, Jr., for plaintiffs in error.

Marshall, Greene, Baird & Neely, contra.


GARDNER, P. J.

1. It is conceded that the nonsuit is based on the proposition that the evidence, both direct and circumstantial, is insufficient to show that the bottle of Coca-Cola purchased by the plaintiff through the vending machine was a bottle of Coca-Cola sold by the defendant to the Downtown Chevrolet Company's vending machine. Let us first see the pleadings regarding this issue. Paragraph 3 of the petition pertaining...

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