Johnson v. Klassett
Court of Appeals of Georgia
Certiorari; from Fulton superior court — Judge Bell. October 11, 1910. The facts upon which the questions arise in this record, substantially stated, are as follows; Iilassett bought groceries from Johnson as needed, agreeing to pay for them by the week, and for some time carried out this agreement; but he fell behind in his payments and owed Johnson about $130 on a running open account for the years 1905 and 1906. Johnson split the account into two parts; including the…
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Certiorari; from Fulton superior court — Judge Bell. October 11, 1910. The facts upon which the questions arise in this record, substantially stated, are as follows; Iilassett bought groceries from Johnson as needed, agreeing to pay for them by the week, and for some time carried out this agreement; but he fell behind in his payments and owed Johnson about $130 on a running open account for the years 1905 and 1906. Johnson split the account into two parts; including the items for 1905 in one part, and the items for 1906 in another part, and brought two suits in.a justice’s court against…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The questions of law raised by the facts in this case seem never to have been distinctly decided by our Supreme Court, but the principle involved has been before the court on several occasions, and we think is embraced in § 4389 of the Civil Code of 1910, which declares that, “If a contract be entire, but one suit can be maintained for a breach thereof; but if it be severable, or if the breaches occur at successive periods in an entire contract (as where money is to be paid by instalments), an action will lie for each breach; but all the breaches occurring…
2Cases cited8 opinions
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Parris v. HightowerSupreme Court of Georgia · 1886
- Evans v. CollierSupreme Court of Georgia · 1887
- Williams-Abbott Electric Co. v. Model Electric Co.Supreme Court of Iowa · 1907
- Macon & Augusta Railroad v. GarrardSupreme Court of Georgia · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Smith v. PopeCourt of Appeals of Georgia · 1959
- Willingham v. Buckeye Cotton Oil Co.Court of Appeals of Georgia · 1913
- Georgia Marble Co. v. JuddCourt of Appeals of Georgia · 1968
- Gowder v. ReevesCourt of Appeals of Georgia · 1940
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