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Charles S. Martin Distributing Co. v. Roberts
Citations: 220 Ga. 625; 140 S.E.2d 848; 1965 Ga. LEXIS 581Docket: 22805
Court: Supreme Court of Georgia; February 4, 1965; Georgia; State Supreme Court
In a legal dispute involving a security deed grantor seeking an injunction and other relief against a grantee and its assignee, the court addresses the third iteration of the case. Prior rulings in Bruce v. Roberts and Charles S. Martin Distributing Co. v. Roberts affirmed adverse decisions against the plaintiff, with the latter case declaring the injunctive relief issue moot. At trial, the plaintiff acknowledged agreement with the defendant Martin Distributing Company regarding the accounting, leaving two factual issues: (1) whether there was an agreement for the plaintiff to pay restocking charges, and (2) whether the plaintiff was notified of the defendant's claim for attorney's fees. The defendant raised a surprise motion for a continuance, which the court denied, and the trial proceeded. The jury ruled in favor of the plaintiff on both issues, leading to a favorable judgment. The defendant Martin Distributing Company raised multiple error assignments; however, with the accounting aspect removed, the court determined it lacked jurisdiction to hear the case, resulting in a transfer to the Court of Appeals, with all Justices concurring.