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Triple a Delivery Co., Inc. v. Flexi-Van Leasing

Court of Appeals of Georgia
Jul 7, 1983
306 S.E.2d 414 (Ga. Ct. App. 1983)

Opinion

65894.

DECIDED JULY 7, 1983.

Action on account. Fulton State Court. Before Judge Langham.

Sandra K. Bell, for appellant.

Stephen M. Forte, for appellee.


Flexi-Van Leasing, Inc. (appellee) sued Triple A Delivery Company, Inc. (appellant) for payments due on account from the leasing of appellee's trucks. The jury found for appellee and the trial court denied appellant's motion for a new trial. This appeal ensued.

Appellant contends that the trial court should have granted its motion for new trial because the verdict was against the weight of the evidence and the evidence was contrary to the verdict. It is not the responsibility of this court to weigh the evidence in regard to the action brought. Bhattacharjee v. Kunnatha, 165 Ga. App. 75, 76 ( 299 S.E.2d 144) (1983). Our task is "merely to determine if there is sufficient evidence to authorize the trial court's judgment." Hallford v. Banks, 236 Ga. 472 ( 224 S.E.2d 35) (1976). If there is any evidence to support the jury's verdict and the trial court's judgment, then all conflicts in the evidence will be resolved to favor the verdict. Scott v. Scott, 243 Ga. 472, 473 ( 254 S.E.2d 852) (1979) and Drake v. State, 241 Ga. 583, 585 ( 247 S.E.2d 57) (1978). An examination of the oral and documentary evidence reveals that there was some evidence for the jury to find that an officer in Triple A Delivery Company had authorized the lease agreements with appellee, and that appellee, in relying on a course of past dealings with this officer, was unaware that the officer was acting outside of his authority. Riverdale Assembly of God v. Advanced Refrigeration, 128 Ga. App. 718 ( 197 S.E.2d 767) (1973).

"Where . . . the trial judge has exercised the discretion vested in him by law, and there is some evidence to support the verdict, the judgment overruling the general grounds of the motion for new trial is not error. [Cits.]" Kendrick v. Kendrick, 218 Ga. 460, 461 ( 128 S.E.2d 496) (1962).

Judgment affirmed. Quillian, P. J., and Pope, J., concur.

DECIDED JULY 7, 1983.


Summaries of

Triple a Delivery Co., Inc. v. Flexi-Van Leasing

Court of Appeals of Georgia
Jul 7, 1983
306 S.E.2d 414 (Ga. Ct. App. 1983)
Case details for

Triple a Delivery Co., Inc. v. Flexi-Van Leasing

Case Details

Full title:TRIPLE A DELIVERY COMPANY, INC. v. FLEXI-VAN LEASING, INC

Court:Court of Appeals of Georgia

Date published: Jul 7, 1983

Citations

306 S.E.2d 414 (Ga. Ct. App. 1983)
306 S.E.2d 414

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