Stephens v. Blackwell
Court of Appeals of Georgia
Appeal; from Cherokee superior court—George D. Anderson, Judge pro hac vice. September 13, 1919.
1Opinion of the CourtBloodwoeth, J.
1. “In an action on a note given by a principal and sureties the defendants may set off unliquidated damages flowing from the breach of an independent contract between the plaintiff and the principal, and competent testimony tending to support this plea should not be repelled.” Pickett v. Andrews, 135 Ga. 299 (69 S. E. 478). In the opinion in that case it is said: “Damages for the breach of a contract do not spring from a tort, but from the violation of a contract; and therefore such damages arise ex contractu, and constitute a mutual demand, which is the subject-matter of set-off in a suit…
2Cases cited7 opinions
- Dudley v. IslerCourt of Appeals of Georgia · 1918
- McCall v. StateCourt of Appeals of Georgia · 1919
- Edenfield v. BoydSupreme Court of Georgia · 1915
- Fountain v. StateCourt of Appeals of Georgia · 1918
- Buchanan v. McClainSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Atlantic Coast Line R. v. United States Fidelity & Guaranty Co.District Court, M.D. Georgia · 1943
- Autry v. PalmourCourt of Appeals of Georgia · 1971
- Bank of Commerce v. First National BankCourt of Appeals of Georgia · 1924
- CM MILLER CO. INC. v. RameyCourt of Appeals of Georgia · 1950
- Center Point Gin v. HathcockCourt of Appeals of Georgia · 1922