Tygart v. Albritton
Court of Appeals of Georgia
Action on contract, from city court of Nashville — Judge Roan presiding. April 23, 1908. Tygart sued Albritton to recover damages for breach of contract. The contract may be substantially stated as follows: On January 12, 1906, Tygart, Day, and Albritton entered into an agreement to carry on a general sawmill business in Berrien county. The contract specifies the work of each in the conduct of the business, and the share of each in the profits.
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Action on contract, from city court of Nashville — Judge Roan presiding. April 23, 1908. Tygart sued Albritton to recover damages for breach of contract. The contract may be substantially stated as follows: On January 12, 1906, Tygart, Day, and Albritton entered into an agreement to carry on a general sawmill business in Berrien county. The contract specifies the work of each in the conduct of the business, and the share of each in the profits. Tygart is “to cut and haul the logs to the mill from such timber as he may be directed by . . Albritton within a radius of one mile of said mill, in a…
1Opinion of the CourtHill, C. J.
(After stating the foregoing facts.)
The objections raised by the special demurrer, where not controlled by the judgment on -the general demurrer, can in any event be cured by amendment. We deem it sufficient to consider only the judgment sustaining the general demurrer and dismissing' the ¡Detition.
1. We think the damages sued for in the first paragraph of the petition are recoverable. Plaintiff set out a distinct contract, by the terms of which he was to have a specified share of the profits resulting from the operation of the sawmill. His part of the work was prescribed, and his part of the…
2Cases cited4 opinions
- Anderson v. Hilton & Dodge Lumber Co.Supreme Court of Georgia · 1905
- Jester v. Bainbridge State BankCourt of Appeals of Georgia · 1908
- Mitchell v. Henry Vogt Machine Co.Court of Appeals of Georgia · 1908
- Sams v. DerrickSupreme Court of Georgia · 1898
3Cited by10 opinions
- Bennett v. Associated Food Stores, Inc.Court of Appeals of Georgia · 1968
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Walker v. JenkinsCourt of Appeals of Georgia · 1924
- Hoffman v. Louis L. Battey PostCourt of Appeals of Georgia · 1946
- Gibbs v. H. T. Henning Company Inc.Supreme Court of Georgia · 1940
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