Legal Opinion

Christophulos Café Co. v. Phillips

Court of Appeals of Georgia

Decided October 12, 1908No. 1111PublishedCited by 10 opinions

Action for breach of contract, from city court of Macon — Judge I-Iodges. March 21, 1908. The Christophulos Café Company, a corporation, brought suit against John Phillips, to recover damages for breach of contract.

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Action for breach of contract, from city court of Macon — Judge I-Iodges. March 21, 1908. The Christophulos Café Company, a corporation, brought suit against John Phillips, to recover damages for breach of contract. By the contract, which was made a part of the petition, the defendant agreed to build for the plaintiff a counter and a refrigerator of certain dimensions, for specified sums, the job to be-completed on September 15, 1907. The contract was executed on August 2, 1907. The petition alleges that the defendant failed to comply with this contract and did not furnish to the plaintiff by…

1Opinion of the CourtHill, C. J.

(After stating the facts.) The plaintiff must stand or fall by the terms of the contract which he sets out, and can only recover such damages as arise naturally and according to the usual course of things from the breach of the terms of the contract, and such as the parties contemplated when the contract was made, as a probable result of its breach. By the terms of his contract, the defendant agreed to build for the plaintiff a counter and a refrigerator according to specified dimensions and for a stipulated price, and agreed that the job should be completed on the 15th day of September,…

2Cases cited1 opinion

  1. Wright v. SmithSupreme Court of Georgia · 1907

3Cited by10 opinions

  1. Florence Wagon Works v. SalmonCourt of Appeals of Georgia · 1910
  2. Sparks Milling Co. v. Western Union Telegraph Co.Court of Appeals of Georgia · 1911
  3. Red Cypress Lumber Co. v. BeallCourt of Appeals of Georgia · 1908
  4. Neal v. MedlinCourt of Appeals of Georgia · 1927
  5. Brockman v. RhodesCourt of Appeals of Georgia · 1925

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