Strickland & Smith, Inc. “S & S” and Top Quality Produce, Inc. “Top Quality” brought separate suits against Billy Williamson, Williamson Produce, Inc. and Classic Vidalia, Inc. collectively “Williamson” for damages which arose from 1 an alleged joint venture to grow onions, and 2 the packing, grading, and storage of onions thereafter. Billy Williamson and Williamson Produce, Inc. brought a third party action against Bobby Smith, a principal of S & S and Top Quality to recover the balance owed on a note and to prevent Smith from defaulting on a lease agreement for farmland. All cases were consolidated for trial and were heard without a jury by the trial court. Williamson appeals from the denial of the motion for new trial. For the reasons that follow, we affirm in part, reverse in part, and remand with direction. “There is a presumption in favor of the validity of verdicts. And after rendition of a verdict, all the evidence and every presumption and inference arising therefrom, must be construed most favorably towards upholding the verdict.” Citations and punctuation omitted. Nationwide Mut. Fire Ins. Co. v. Wiley , 220 Ga. App. 442 469 SE2d 302 1996. Viewed in this light, the evidence shows that during the 1997-1998 growing season, Williamson and Top Quality entered into a joint venture to grow onions together on a 45 acre tract of land in Tattnall County. Top Quality, in addition to providing the land, was to provide all the labor, including the planting and harvesting of the onions. Williamson was to provide the money for expenses until the end of the season, at which time the parties agreed to settle expenses and share equally in the profits or losses. The joint venture produced 10,742.55 harvested field bags of onions. All of the onions, with the exception of 2,002.25 field bags, were sent to S & S for sorting, grading, and packing. The remaining 2,002.25 field bags were sent to Williamson’s storage facility. The 2,002.25 field bags of onions were worth $17,265.64. However, Williamson only reported sales of $3,581.95. The trial court awarded Top Quality the sum of $13,683.69 plus interest for the difference between the market value and the reported sales price of the onions.
Williamson was also responsible for selling the 8,740 field bags of onions sorted, graded, and packed at the S & S storage facility. The evidence shows that Williamson picked up all 8,740 field bags for sale. Top Quality claimed that Williamson failed to account for the sale of 1,323 bushels of jumbo onions and 672 bushels of medium onions. The trial court awarded Top Quality $26,450.65 plus interest for the fair market value of the onions for which Williamson did not account. Top Quality’s remaining claims for damages for breach of fiduciary duty and the difference between the fair market value and the selling price of the remainder of the onions were denied by the trial court for insufficient evidence.
