Fain v. Wilkerson
Court of Appeals of Georgia
Action for damages; from Floyd superior court—Judge Wright. July 11, 1917. The petition alleges delivery by plaintiff of certain household effects to the defendant as a bailee for hire, under an agreement that the latter was to remove them within a few days from the house in which they were then stored to other designated premises ; that the defendant failed and. refused to remove the goods as he agreed to do, hut allowed them to remain there for a period of about sixty…
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Action for damages; from Floyd superior court—Judge Wright. July 11, 1917. The petition alleges delivery by plaintiff of certain household effects to the defendant as a bailee for hire, under an agreement that the latter was to remove them within a few days from the house in which they were then stored to other designated premises ; that the defendant failed and. refused to remove the goods as he agreed to do, hut allowed them to remain there for a period of about sixty days, when they, with the house, were destroyed by fire. The suit is for the value of the goods, and it is' alleged that…
1Opinion of the CourtJenkins, J.
1. A contract founded upon a consideration,^whereby goods are intrusted to another for the execution of a special purpose, after which they are to be returned to the one making -the delivery, constitutes the person receiving them a bailee for hire. Civil Code (1910), § 3467; Bates v. Bigby, 123 Ga. 727 (51 S. E. 717).
2. “A tort is a legal wrong committed upon the person or property, independent of contract;” it may, however, arise from “the violation of some private obligation by which' damage accrues to the individual.” *194Civil Code (1910), § 4403 (3). Thus, where the contractual relation of…
2Cases cited7 opinions
- Owens v. NicholsSupreme Court of Georgia · 1913
- Bates v. BigbySupreme Court of Georgia · 1905
- Howard v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1911
- Carr & Co. v. Southern Railway Co.Court of Appeals of Georgia · 1913
- Montgomery v. Alexander Lumber Co.Supreme Court of Georgia · 1913
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3Cited by36 opinions
- Long v. Jim Letts Oldsmobile, Inc.Court of Appeals of Georgia · 1975
- Mauldin v. ShefferCourt of Appeals of Georgia · 1966
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Leonard v. Firemen's InsuranceCourt of Appeals of Georgia · 1959
- Spence v. ErwinSupreme Court of Georgia · 1946
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