E. & M. Construction Co., Inc. v. Bob

Hall, Judge.

The defendant contends that the petition does not allege a breach of duty imposed by law independent of the contract, and is predicated, as was the case of Orkin Termite Co. v. Duffell, 97 Ga. App. 215 (102 SE2d 629) on negligence in failing to perform the contract and not on the negligent performance of such contract, and therefore failed to set out a cause of action ex delicto. The above allegations show that the defendant commenced to perform the contract by removing siding from the house at a time when it could have been foreseen that damage would result if the house without…