American International Industries, Inc. v. Ivan Allen Company; and v.ce v.rsa., 110 Ga. App. 148, 138 S.E.2d 61 (1964)

Georgia Court Of Appeals

Status: DECIDED

Docket Number: 40761

Parts: PANNELL, Judge.

Linked as:

Summary

Judgment affirmed on main bill of exceptions; cross bill dismissed. Felton, C, J., and Frankum, J., concur.

Summary

Judgment affirmed on main bill of exceptions; cross bill dismissed. Felton, C, J., and Frankum, J., concur.

Text

Leiter & Leiter, Marvin O'Neal, Jr., for plaintiff in error.

1. The alleged failure to file the brief of evidence with the motion for new trial in this case will not affect the movant's right to review by this court, Adams v. Overland-Madison Co., 108 Ga. App. 142 (3) (132 SE2d 116). That the last item on one of the business records, a ledger card, was an item crediting the last balance (the amount sued for) and showing a balance of zero, which the witness explained was a bookkeeping entry made when the account was transferred to the "bad debt account," does not make a jury question as to the amount owed, in the absence of evidence to the contrary showing payment of the prior balance or evidence impeaching the testimony of the witness.

Howard & Storey, Robert W. Storey, contra.

1964