Legal Opinion
WASHBURN STORAGE COMPANY v. Elliott
Court of Appeals of Georgia
Decided January 20, 1956No. 36013, 36014PublishedCited by 8 opinions
1Opinion of the CourtTownsend, J.
1. While an action in tort may arise from the negligent omission or violation of a duty created by contract, nevertheless, where no negligence is alleged and the breach complained of is nothing more than the failure of the defendant to perform an obligation constituting one of the terms of the contract, such action must be construed as being ex contractu. Atlanta Gas Light Co. v. Newman, 88 Ga. App. 252 (1) (76 S. E. 2d 536).
2. In a suit on a contract an agent cannot be joined as codefendant for the purpose of enforcing the terms of the contract made on behalf of the principal by the…
2Cases cited3 opinions
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Commercial City Bank v. MitchellCourt of Appeals of Georgia · 1920
- Davis v. MenefeeCourt of Appeals of Georgia · 1926
3Cited by8 opinions
- Watson v. Sierra Contracting Corp.Court of Appeals of Georgia · 1997
- Tabloid Lithographers, Inc. v. IsraelNew Jersey Superior Court Appellate Division · 1965
- Weaver v. Ralston Motor Hotel, Inc.Court of Appeals of Georgia · 1975
- Campbell v. AlfordCourt of Appeals of Georgia · 1980
- Dinkler Management Corp. v. SteinCourt of Appeals of Georgia · 1967
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