Legal Opinion
Surles v. City of Cedartown
Court of Appeals of Georgia
Decided January 15, 1931No. 20406PublishedCited by 1 opinion
1Opinion of the CourtBell, J.
1. In a suit for damages for the breach of a contract the burden is upon the plaintiff to allege and prove both the breach and the damage (Harrell v. Southern Ry. Co., 14 Ga. App. 451, 81 S. E. 384; State v. Western & Atlantic R. Co., 136 Ga. 619 (4), 71 S. E. 1055); and therefore, in the trial of such a case, it is proper for the court to instruct the jury that the burden is upon the plaintiff to establish by a preponderance of the testimony his right to recover. This rule is applicable to suits upon contracts of accord and satisfaction as well as to other eases (Gainesville, Jefferson &…
2Cases cited10 opinions
- Brunswick & Western Railway Co. v. ClemSupreme Court of Georgia · 1888
- Long v. ScanlanSupreme Court of Georgia · 1898
- State v. Western & Atlantic R.Supreme Court of Georgia · 1911
- Tillman v. BomarSupreme Court of Georgia · 1910
- Byrd Printing Co. v. Whitaker Paper Co.Supreme Court of Georgia · 1911
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3Cited by1 opinion
- Merrill, Lynch, Pierce, Fenner & Smith, Inc. v. BruceCourt of Appeals of South Carolina · 1985