Legal Opinion

Chappell v. F. A. D. Andrea Inc.

Court of Appeals of Georgia

Decided November 6, 1933No. 23261PublishedCited by 5 opinions

1Opinion of the CourtSutton, J.

1. All rights of the parties to a litigation which have accrued under a contract must he litigated and adjudicated in one action. Evans v. Collier, 79 Ga. 319 (4 S. E. 266). All breaches of a contract occurring up to the commencement of an action for its breach must be included therein. Civil Code (1910), § 4389. There can not be subsequent actions for prior breaches, though they were not included in the first suit. Macon & Augusta R. Co. v. Garrard, 54 Ga. 327; Willingham v. Buckeye Cotton Oil Co., 13 Ga. App. 253 (79 S. E. 496). This principle is based upon the doctrine of former recovery,…

2Cases cited6 opinions

  1. Jones v. SchacterCourt of Appeals of Georgia · 1922
  2. Evans v. CollierSupreme Court of Georgia · 1887
  3. Chappell v. F. A. D. Andrea Inc.Court of Appeals of Georgia · 1930
  4. Macon & Augusta Railroad v. GarrardSupreme Court of Georgia · 1875
  5. Desvergers v. WillisSupreme Court of Georgia · 1877

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

3Cited by5 opinions

  1. Waller v. MorrisCourt of Appeals of Georgia · 1949
  2. Crow v. Mothers Beautiful Co.Court of Appeals of Georgia · 1967
  3. Missouri State Life Insurance v. PilcherSupreme Court of Georgia · 1934
  4. Otwell Motor Company v. HillCourt of Appeals of Georgia · 1949
  5. Beaver v. AkinsCourt of Appeals of Georgia · 1959

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