Harris v. Cleghorn
Supreme Court of Georgia
Action for damages. Before Judge Russell. Jackson superior court. May 16, 1904. The petition in this case alleged, in substance, that in September, 1902, the plaintiff leased from the defendant a house and lot for the term of one year, the tenancy to begin on October 1, 1902; that she paid the rent for the first month, and tendered payment for the second month, but that the tender was refused and she was notified by the defendant to vacate the premises.
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Action for damages. Before Judge Russell. Jackson superior court. May 16, 1904. The petition in this case alleged, in substance, that in September, 1902, the plaintiff leased from the defendant a house and lot for the term of one year, the tenancy to begin on October 1, 1902; that she paid the rent for the first month, and tendered payment for the second month, but that the tender was refused and she was notified by the defendant to vacate the premises. This she refused to do, and proceedings were brought by dispossessory warrant to evict her. She alleged that she was unable to give bond in…
1Opinion of the CourtCandler, J.
The state of facts laid by the plaintiff in her declaration would have warranted a recovery either in tort or upon the contract alleged; but it is clear that she can not maintain both species of action in the same petition. This is but the application of an elementary principle, and requires no citation of au*316thority. Had she so desired, the plaintiff might, after filing her petition, have elected what remedy she would pursue, and by striking from the petition the allegations and prayers appropriate to the alternative remedy, have so amended the declaration as to make it withstand the demurrer…
2Cases cited1 opinion
- Seymore v. RiceSupreme Court of Georgia · 1894
3Cited by7 opinions
- Lipscomb v. WatkinsCourt of Appeals of Georgia · 1922
- Massachusetts Bonding & Insurance v. United States Conservation Co.Court of Appeals of Georgia · 1924
- Friedlander v. FeinbergCourt of Appeals of Georgia · 1921
- Orkin Exterminating Co. v. ThriftCourt of Appeals of Georgia · 1980
- Carter v. HartCourt of Appeals of Georgia · 1923
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