Legal Opinion

Weber v. City of Atlanta

Court of Appeals of Georgia

Decided October 22, 1976No. 52842PublishedCited by 2 opinions

1Opinion of the Court

Deen, Presiding Judge.

1. We deal first with the appellants’ contention that they would be entitled to recovery under the theory of quantum meruit. There is a long line of cases which hold that quantum meruit is not a proper theory of recovery under circumstances such as exist here; the Georgia cases are in accord with the general principle. "A public officer takes his office cum onere, and so long as he retains it he undertakes to perform its duties for the compensation fixed, whether such duties be increased or diminished. He can not claim extra compensation for the performance of additional…

2Cases cited5 opinions

  1. Twiggs v. WingfieldSupreme Court of Georgia · 1917
  2. Pootel v. City & County of San FranciscoCalifornia Court of Appeal · 1954
  3. Jewel Tea Co. v. City Council of AugustaCourt of Appeals of Georgia · 1938
  4. Evans v. City of SandersvilleCourt of Appeals of Georgia · 1913
  5. Mitchell v. City of ThomasvilleCourt of Appeals of Georgia · 1934

3Cited by2 opinions

  1. Smith v. City of AtlantaCourt of Appeals of Georgia · 1983
  2. City of Atlanta v. AdamsSupreme Court of Georgia · 1987

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