Atlanta Elevator Co. v. Fulton Bag & Cotton Mills
Supreme Court of Georgia
Complaint. Before Judge Lumpkin. Fulton superior court. March term, 1898. . The petition alleged: The defendant is indebted to the plaintiff $75 principal and $100 attorney’s fees.
Read the full summary
Complaint. Before Judge Lumpkin. Fulton superior court. March term, 1898. . The petition alleged: The defendant is indebted to the plaintiff $75 principal and $100 attorney’s fees. In the year 1895 defendant made a contract with plaintiff for the building of two elevators for the price of $1,143.75. After the completion of the work, defendant paid, in the éarly part of 1896, $640.25, and about December 15, 1896, $473.30, but refuses to pay the balance, which, after making the proper computation of interest for the time payment was deferred beyond maturity, is $75. Defendant’s failure and…
1Opinion of the CourtLumpkin, P. J.
The Atlanta Elevator Company brought an action against the Fulton Bag & Cotton Mills, which was dismissed on demurrer, and the plaintiff excepted. The substance of the plaintiff’s petition, the amendment thereto, and the demurrer appear in the official report. We have no difficulty in reaching the conclusion that the judgment complained of was correct. Nothing is better settled than that the measure of damages for refusing to pay money due to another is the interest lawfully accrued. Another well-settled principle is, that “if a contract be entire, but one suit can be maintained for a breach…
2Cases cited5 opinions
- Broxton v. NelsonSupreme Court of Georgia · 1898
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Evans v. CollierSupreme Court of Georgia · 1887
- Allen v. StephensSupreme Court of Georgia · 1897
- Desvergers v. WillisSupreme Court of Georgia · 1877
3Cited by10 opinions
- McLendon Bros. v. FinchCourt of Appeals of Georgia · 1907
- Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
- Johnson v. KlassettCourt of Appeals of Georgia · 1911
- Waller v. MorrisCourt of Appeals of Georgia · 1949
- Busbee v. SellersCourt of Appeals of Georgia · 1944
5 more not listed; retrieve them via the Exa API.