Commercial City Bank v. Mitchell
Court of Appeals of Georgia
Action for damages; from city court of Americus — Judge Harper. May 5, 1920.
1Opinion of the CourtJenkins, P. J.
1. A tort is a legal wrong committed upon the person or property of another, independent of contract. But an action in tort may he maintained for the violation of a duty flowing from relations between the parties created by contract (Payne v. Watters, 9 Ga. App. 265 (70 S. E. 1114); Fam v. Wilkerson, 22 Ga. App. 193 (95 S. E. 752), or on account of wilful misrepresentation of a material fact, made to induce another to act, and upon which he does act to his injury. Civil Code (1910), § 4410.
2. While it is true that in a suit on contract an agent cannot be joined as codefendant for the purpose…
2Cases cited9 opinions
- Fain v. WilkersonCourt of Appeals of Georgia · 1918
- Bacon & Co. v. MoodySupreme Court of Georgia · 1903
- Brooke v. ColeSupreme Court of Georgia · 1899
- Gordon v. IrvineSupreme Court of Georgia · 1898
- James v. ElliottSupreme Court of Georgia · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
- Cohen v. GarlandCourt of Appeals of Georgia · 1969
- Price v. MitchellCourt of Appeals of Georgia · 1980
- Davis v. MenefeeCourt of Appeals of Georgia · 1926
- Gulf Refining Co. v. HarrisCourt of Appeals of Georgia · 1923
19 more not listed; retrieve them via the Exa API.