Pictorial Paper Package Corp. v. Lane Drug Stores Inc.

Bkoyles, O. J.

On. an agreed statement of facts tliis case was tried by a judge of the municipal court of Atlanta, sitting without a jury. The controlling question was whether there was an implied promise by the defendant to pay for the goods received by it from the plaintiff; and there was sufficient evidence in the agreed statement of facts to resolve that issue in favor of the defendant, and the judge did not err in repdering judgment in its favor, nor subsequently in refusing to grant a new trial.

Decided May 24, 1935. Rehearing denied June 21, 1935. Ralph R. Quillian, Rvins & Calhoun, for plaintiff. J ones, Powers & Williams, for defendant.

Judgment affirmed.

MacIntyre, J., concurs. Guerry, J., dissents.