Legal Opinion

Moss & Co. v. Fortson

Supreme Court of Georgia

Decided August 18, 1896PublishedCited by 4 opinions

Action for damages. Before Judge Cobb. Oity court of Athens. September term, 1895. Thomas E. Fortson brought his action against R. L. Moss & Co., to which defendants demurred on the ground that the declaration attempted to unite in one cause of action a tort and a contract. Thereupon plaintiff amended his petition by striking the 9 th paragraph which he alleged was the only portion of the same which sought to recover for a breach of contract.

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Action for damages. Before Judge Cobb. Oity court of Athens. September term, 1895. Thomas E. Fortson brought his action against R. L. Moss & Co., to which defendants demurred on the ground that the declaration attempted to unite in one cause of action a tort and a contract. Thereupon plaintiff amended his petition by striking the 9 th paragraph which he alleged was the only portion of the same which sought to recover for a breach of contract. The plaintiff obtained a verdict, and defendants moved in arrest of judgment, on the grounds, (1) that the declaration does not set out a cause of…

1Opinion of the Court

Atkinson, Justice.

Two causes of action were stated in the declaration before the ninth paragraph was stricken by amendment. That *499paragraph declared upon an assumpsit. By it the plaintiff undertook to recover a sum certain alleged to be actually due for sendees performed -at the request of the defendants. The major part of the declaration, however, is an action for damages alleged to have resulted to the plaintiff in consequence of a non-performance upon the part of the defendants of certain duties assumed by them in the execution of the agreement stated in the declaration. The declaration…

2Cases cited1 opinion

  1. Moss & Co. v. StokeleySupreme Court of Georgia · 1895

3Cited by4 opinions

  1. Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
  2. Stowers v. HarrisSupreme Court of Georgia · 1942
  3. Tice Co. v. EvansCourt of Appeals of Georgia · 1924
  4. Southern Railway Co. v. BunchCourt of Appeals of Georgia · 1920

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