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Lawskills.com Georgia Caselaw
MALIN v. SERVISCO, INC.
69093.
DEEN, Presiding Judge.
Action on contract. DeKalb State Court. Before Judge Seeliger.
James C. Malin, individually and d/b/a Malin Trucking Co., appeals from the grant of appellee/plaintiff's motion for a directed verdict, contending that there was a substantial conflict in the evidence as to the validity of the contract in question and the number of missing uniforms for which he was charged under the contract's liquidated damages provision. Held:
1. Appellant/defendant claims he relied upon the oral representations made by appellee's salesman at the time of, or prior to, the execution of the contract and that he was not familiar with the terms of the contract because he did not read it.
Appellant further argues that the contract was improperly admitted into evidence because the appellee failed to establish the authenticity of the signature of the person accepting the contract on the company's behalf. There is no challenge to the authenticity of Malin's signature or that of Epperson, the salesman. Malin questions the signature of Dwight Miller, Epperson's supervisor. Epperson testified that he transmitted the document to Miller and received it back with Miller's signature, and that he recognized the signature as Miller's because he was familiar with it. This testimony satisfies the requirements of OCGA 24-7-6 (Code Ann. 38-708). Appellant's argument must also fail because he authenticated his own signature and waived his right to contest the contract's validity when he ratified it by accepting the services provided and conducting himself according to its terms for over a year. There was no evidence presented by appellant to contradict appellee's claim that 35 uniforms had not been returned.
2. In his sole remaining enumeration of error appellant claims the trial court erred by introducing testimony of his prior business transactions. This testimony was elicited by the appellee solely for impeachment purposes after Malin testified he "always paid his bills on time." The complained of documents were not admitted into evidence and were offered to appellant to assist him in refreshing his memory. As the basis for his objection was that they would prejudice the jury, we find no merit in his argument because the court entered a directed verdict against him.
Elizabeth A. Edelman, Michelle J. Bardavid, for appellee.
William S. Dominy, for appellant.
DECIDED OCTOBER 17, 1984.
Thursday May 21 18:28 EDT


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