Georgia, Florida & Alabama Railway Co. v. Parsons
Court of Appeals of Georgia
Action for damages; from city court of Bainbridge—Judge Harrell. April 4, 1912. •Judge Pottle being disqualified, Judge Bell, of the Atlanta circuit was designated to preside. This was a suit to recover damages for the wrongful discharge of an employee.
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Action for damages; from city court of Bainbridge—Judge Harrell. April 4, 1912. •Judge Pottle being disqualified, Judge Bell, of the Atlanta circuit was designated to preside. This was a suit to recover damages for the wrongful discharge of an employee. It was alleged in the petition that the plaintiff was under contract with the defendant railway company; that his contract of employment was to continue from March 15, 1909, to January 1, 1910; that under the contract he was to receive a salary of $150 per month, payable monthly in advance, and that he was,.-discharged without cause before the…
1Opinion of the CourtBell, J.
(After stating the foregoing facts.)
1. It is well settled, by the rulings of this court and of the Supreme Court, that where proceedings are brought to enforce rights arising under a contract, failure to allege whether the contract was in writing can not be taken advantage of by demurrer. If the' contract is of a kind which the law requires to be in writing, it will be presumed that it was in writing; but, under the general allegation of a contract and of the breach thereof, evidence would be admissible to prove the character of the contract,—whether it was in writing or in parol. Freeman v.…
2Cases cited8 opinions
- Wrightsville & Tennille Railroad v. VaughanCourt of Appeals of Georgia · 1911
- Realty Co. v. EllisCourt of Appeals of Georgia · 1908
- Roberts v. RigdenSupreme Court of Georgia · 1888
- Roberts v. CrowleySupreme Court of Georgia · 1888
- Walker v. EdmundsonSupreme Court of Georgia · 1900
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3Cited by24 opinions
- Nathan v. DuncanCourt of Appeals of Georgia · 1966
- Phosphate Mining Co. v. Atlanta Oil & Fertilizer Co.Court of Appeals of Georgia · 1917
- Manley v. Exposition Cotton MillsCourt of Appeals of Georgia · 1933
- Metropolitan Life Insurance v. LovettCourt of Appeals of Georgia · 1935
- Rhine v. SandersCourt of Appeals of Georgia · 1959
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