Legal Opinion

Commercial City Bank v. Mitchell

Court of Appeals of Georgia

Decided November 13, 1920No. 11630PublishedCited by 24 opinions

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

  1. Fain v. WilkersonCourt of Appeals of Georgia · 1918
  2. Bacon & Co. v. MoodySupreme Court of Georgia · 1903
  3. Brooke v. ColeSupreme Court of Georgia · 1899
  4. Gordon v. IrvineSupreme Court of Georgia · 1898
  5. James v. ElliottSupreme Court of Georgia · 1871

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Willingham, Wright & Covington v. GloverCourt of Appeals of Georgia · 1922
  2. Cohen v. GarlandCourt of Appeals of Georgia · 1969
  3. Price v. MitchellCourt of Appeals of Georgia · 1980
  4. Davis v. MenefeeCourt of Appeals of Georgia · 1926
  5. Gulf Refining Co. v. HarrisCourt of Appeals of Georgia · 1923

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API