Potts-Thompson Liquor Co. v. Capital City Tobacco Co.
Supreme Court of Georgia
Complaint. Before Judge Bell. Fulton superior court. August 26, 1910. J. J. Goodrum Tobacco Company brought an action against Potts-Thompson Liquor Company, both parties being corporations. Pending the suit the corporate name of the plaintiff was changed to Capital City Tobacco Company.
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Complaint. Before Judge Bell. Fulton superior court. August 26, 1910. J. J. Goodrum Tobacco Company brought an action against Potts-Thompson Liquor Company, both parties being corporations. Pending the suit the corporate name of the plaintiff was changed to Capital City Tobacco Company. From the petition, and a copy of a lease contract attached thereto, the following facts appear: On July 26, 1906, the defendant leased from J. J. Goodrum Tobacco Company a described storehouse in the city of Atlanta, for the 'term of live years from October 1, 1906, the defendant agreeingTo páy & total rental…
1Opinion of the CourtFish, C. J.
(After stating the foregoing facts.)
1. Upon a former hearing of the case, the petition was dismissed on general demurrer, but this ruling of the trial judge was reversed by this court. Goodrum Tobacco Co. v. Potts-Thompson Liquor Co., 133 Ga. 776 (66 S. E. 1081). The written motion made by defendant, during the last trial, to dismiss the petition, was to the following effect: (a) The action was for the recovery of four months’ rental and for damages for a breach of the same contract under which the rental was alleged to be due, “such remedies being inconsistent, and mutually exclusive;” (b)…
2Cases cited11 opinions
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- Skally v. ShutsMassachusetts Supreme Judicial Court · 1882
- Hayner v. SmithIllinois Supreme Court · 1872
- Barrett v. BoddieIllinois Supreme Court · 1895
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