Legal Opinion
The PURE OIL COMPANY v. Dukes
Court of Appeals of Georgia
Decided May 20, 1960No. 38200PublishedCited by 6 opinions
1Opinion of the Court
Carlisle, Judge.
1. The mere allegation in a petition of an improper measure of damages or one inappropriate to the nature of the action does not render the petition subject to general demurrer. Lowery v. McTier, 99 Ga. App. 423 (2) (108 S. E. 2d 771), and cits. Neither does a prayer for an improper or inappropriate measure of damages change the nature of an action which is otherwise clearly one ex contractu to one ex delicto.
2. Allegations in a petition based on a breach of contract that the defendant wilfully and maliciously took the plaintiff’s business away from him by breaching the lease…
2Cases cited7 opinions
- Manley v. Exposition Cotton MillsCourt of Appeals of Georgia · 1933
- Lancaster v. Travelers InsuranceCourt of Appeals of Georgia · 1936
- Georgia Kaolin Co. v. WalkerCourt of Appeals of Georgia · 1936
- Mitchell v. Southern Dairies Inc.Court of Appeals of Georgia · 1948
- Watson v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1933
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hudson v. Venture Industries, Inc.Court of Appeals of Georgia · 1978
- The PURE OIL COMPANY v. DukesCourt of Appeals of Georgia · 1963
- Murphy Oil Corp. v. WeirCourt of Appeals of Georgia · 1978
- Dukes v. Pure Oil CompanyCourt of Appeals of Georgia · 1965
- Harrell v. AndersonDistrict Court, S.D. Georgia · 1968
1 more not listed; retrieve them via the Exa API.