DARN v. WISEMAN

36261.

94 Ga. App. 216 (1956)

94 S.E.2d 65

DARN v. WISEMAN et al.

Court of Appeals of Georgia.

Decided July 16, 1956.


Attorney(s) appearing for the Case

Maddox & Maddox, for plaintiff in error.

Gordon Lee Sullivan, contra.


FELTON, C. J.

The plaintiff proved his case as laid except as to the penalty sued for, the right to the recovery of which was abandoned, and the court erred in granting a nonsuit. Gray v. Schlapp, 92 Ga.App. 261 (1) (88 S.E.2d 536).

The plaintiff did not disprove his right to recover by showing that he rendered fifty-eight individual statements at a set figure per mile...

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