Houze v. Blackwell
Court of Appeals of Georgia
Attachment; from Milton superior court—-Judge Patterson. October 30, 1916. In the original petition it is-alleged, that “defendant is indebted to petitioner in the sum of $139, together with interest from the 36th day of November, 1913, at 7 per cent., because of the following facts:” On that day the defendant offered for sale at auction, through an auctioneer, a certain horse.
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Attachment; from Milton superior court—-Judge Patterson. October 30, 1916. In the original petition it is-alleged, that “defendant is indebted to petitioner in the sum of $139, together with interest from the 36th day of November, 1913, at 7 per cent., because of the following facts:” On that day the defendant offered for sale at auction, through an auctioneer, a certain horse. He authorized and directed the auctioneer to announce and guarantee to bidders that the horse was gentle and not afraid of automobiles, and was a good work' horse, and could be worked to plow, wagon, or- buggy. Under…
1Opinion of the CourtBloodworth, J.
When this case was before the Supreme Court (144 Ga. 700, 87 S. E. 1054), that court decided that the petition, properly construed, showed the action to be for deceit. An action for deceit is an action in tort. Civil Code, 1910, § 4410; Brooke v. Cole, 108 Ga. 252.(33 S. E. 849);. Brady v. Evans, 78 Fed. 558-560 (24 C. C. A. 236); Lamb v. Howard, 145 Ga. 847 (90 S. E. 63). “A tort is a legal wrong committed upon a person or property, independent of contract.” Civil Code (1910), § 4403. “When a transaction partakes of the nature both of a tort and .a contract, the party complainant may waive…
2Cases cited11 opinions
- Cheney v. PowellSupreme Court of Georgia · 1892
- Brooke v. ColeSupreme Court of Georgia · 1899
- Croghan v. New York Underwriters' AgencySupreme Court of Georgia · 1874
- Lamb v. HowardSupreme Court of Georgia · 1916
- Peel v. BrysonSupreme Court of Georgia · 1884
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3Cited by7 opinions
- Williams v. Northside Realty Associates, Inc.Court of Appeals of Georgia · 1967
- Tench v. Downey Hospital Inc.Court of Appeals of Georgia · 1926
- Perry v. GriffinCourt of Appeals of Georgia · 1929
- Martin v. NewberrySupreme Court of Georgia · 1930
- Miami Industrial Bank v. DunnCourt of Appeals of Georgia · 1943
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