Chappell v. F. A. D. Andrea Inc.
Court of Appeals of Georgia
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
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Evans v. CollierSupreme Court of Georgia · 1887
- Chappell v. F. A. D. Andrea Inc.Court of Appeals of Georgia · 1930
- Macon & Augusta Railroad v. GarrardSupreme Court of Georgia · 1875
- Desvergers v. WillisSupreme Court of Georgia · 1877
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3Cited by5 opinions
- Waller v. MorrisCourt of Appeals of Georgia · 1949
- Crow v. Mothers Beautiful Co.Court of Appeals of Georgia · 1967
- Missouri State Life Insurance v. PilcherSupreme Court of Georgia · 1934
- Otwell Motor Company v. HillCourt of Appeals of Georgia · 1949
- Beaver v. AkinsCourt of Appeals of Georgia · 1959