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DIXIE LIME & STONE COMPANY v. WIGGINS SCALE COMPANY.
54546.
SMITH, Judge.
Damages, etc. Fulton State Court. Before Judge Wright.
Wiggins Scale Co., appellee, sold Dixie Lime and Stone Co. a certain truck scale, and constructed a pit in which it installed the scale. Dixie Lime, claiming the construction of the pit and installation were faulty and defective, brought this action for damages. Following the close of Dixie Lime's evidence, Wiggins moved for a directed verdict, contending (1) the doctrine of laches barred the action; (2) Dixie Lime failed to provide notice of alleged defects; and (3) Dixie Lime failed to prove damages. We reverse the erroneous grant of the motion.
1. The suit was an action at law for damages arising out of a contract; laches is not an applicable defense in an action at law. Alley v. Alley, 137 Ga. App. 256 (223 SE2d 288) (1976).
3. Finally, the record reveals that Dixie Lime presented sufficient competent evidence from which the jury could have determined the amount of damages. On a motion for directed verdict, the evidence must be construed most favorably for the party opposing the motion. Pollock v. Ga. Power Co., 141 Ga. App. 678 (3) (234 SE2d 107) (1977). Dixie Lime's evidence, thus construed, made out sufficiently cogent proof of damages.
4. Each of the grounds offered for the directed verdict being inadequate, the direction of the verdict was error and the judgment entered is reversed.
Hopkins, Dunlevie & McNairy, Alton H. Hopkins, Steven S. Dunlevie, for appellee.
Powell, Goldstein, Frazer & Murphy, Frank Love, Jr., James C. Rawls, Jeffrey W. Kelley, for appellant.
SUBMITTED SEPTEMBER 21, 1977 -- DECIDED NOVEMBER 29, 1977.
Friday May 22 05:54 EDT


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