Blayton v. Ford Motor Credit Company., 118 Ga. App. 517, 164 S.E.2d 262 (1968)

Georgia Court Of Appeals

Status: SUBMITTED

Docket Number: 43855

Parts: QUILLIAN, Judge.

Linked as:

Summary

Judgment affirmed on condition. Bell, P. J., and Hall, J., concur.

Summary

Judgment affirmed on condition. Bell, P. J., and Hall, J., concur.

Text

Action on contract. Fulton Civil Court. Before Jude Camp.

Where, as in the case sub judice, the conditional sale contract named the company the defendant was representing but did not show that he signed the instrument in a representative capacity, the trial judge sitting without a jury did not err in finding the defendant personally liable. Code Ann. 109A-3--403 ((Ga. L. 1962, pp. 156, 257).

On condition that the part of the judgment in excess of $2,581.54 principal and $333.15 attorney's fees be written off, the judgment is affirmed; otherwise reversed.

W. M. Matthews, Jr., for appellant.

1968