Copeland v. Tyus & Prevatt
Court of Appeals of Georgia
Action for damages; from city court of Cairo — Judge Willie. April 28, 1915.
1Opinion of the CourtRussell, C. J.
1. In a suit for damages for breach of contract the petition must clearly show the breach. McDaniel v. Featherstone, 135 Ga. 387 (69 S. E. 535). Accordingly, in an action for damages arising by reason of forcible ejection from a livery stable, an allegation that the plaintiffs were to pay the defendant, for the rent of a certain stable and a residence, the sum of $40 per month, in the absence of any allegation as to the separate value of the stable apart from the dwelling house, is subject to a special demurrer raising that point, when there is no allegation that the plaintiffs’ possession of…
2Cases cited3 opinions
- Garrett v. HitchcockSupreme Court of Georgia · 1886
- Battle v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1909
- McDaniel v. FeatherstoneSupreme Court of Georgia · 1910
3Cited by1 opinion
- Copeland v. Tyus & PrevattCourt of Appeals of Georgia · 1917