Garbutt Lumber Co. v. Walker
Court of Appeals of Georgia
Action for damages, from city court of Fitzgerald — Judge Jay. November 28, 1908. The Garbutt Lumber Company sued Nancy and Jonathan Walker for damages on account of false representations as to the ownership of certain land and timber. The defendants demurred to the petition, on the grounds that no cause of action was set forth, that the suit was barred by the statute of limitations, and that there was a misjoinder of defendants.
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Action for damages, from city court of Fitzgerald — Judge Jay. November 28, 1908. The Garbutt Lumber Company sued Nancy and Jonathan Walker for damages on account of false representations as to the ownership of certain land and timber. The defendants demurred to the petition, on the grounds that no cause of action was set forth, that the suit was barred by the statute of limitations, and that there was a misjoinder of defendants. The court sustained the demurrer, and the plaintiff excepted. The suit was brought to the January term, 1908, of the city court. From the petition it appears that…
1Opinion of the CourtRussell, J.
1. There was no error in sustaining the demurrer and dismissing the plaintiff’s petition. To recover in an action for deceit, it must appear not only that the representation made was false, to the knowledge of the party making it, but that the plaintiff parted' with his money on the faith of the false representation. A declaration which fails to allege that the plaintiff parted with his money on the faith of the false representation is totally defective.
2. Under the allegations of the petition, the suit was baz-red by the statute of limitations. The z-ule laid down in § 3785 of the Civil…
2Cases cited1 opinion
- Little v. ReynoldsSupreme Court of Georgia · 1897
3Cited by4 opinions
- Hubacher v. Volkswagen Central, Inc.Court of Appeals of Georgia · 1982
- Anderson v. RH MacY & Co., Inc.Court of Appeals of Georgia · 1960
- Alsabrook v. Continental Trust Co.Court of Appeals of Georgia · 1925
- Southern Cotton Oil Co. v. HammondCourt of Appeals of Georgia · 1955