Wolff v. Southern Railway Co.
Supreme Court of Georgia
Action for breach of contract, etc. Before Judge Felton. Bibb superior court. December 3, 1906. Edward Wolff, for the use of Salomon Brothers & Company,, brought an action against the Southern Railway Company. The petition contained four separate counts, each being in lettered paragraphs.
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Action for breach of contract, etc. Before Judge Felton. Bibb superior court. December 3, 1906. Edward Wolff, for the use of Salomon Brothers & Company,, brought an action against the Southern Railway Company. The petition contained four separate counts, each being in lettered paragraphs. As it stood after it was finally amended, each count therein, after alleging, in paragraph (a), that the defendant “is a rail-, road corporation doing business as a common carrier in said county,” etc., alleged: “(b) That on March 20, 1902, in Bibb County, Georgia, petitioner entered into a contract with the…
1Opinion of the CourtFish, C. J.
(After stating the facts.) One ground of the demurrer was: “The plaintiff has sought to combine a suit on a ■contract with a suit in tort, which is not authorized by law.” As, in our opinion, this ground of the demurrer was well taken, we deem it unnecessary to deal with the others. It is contended by counsel for plaintiff in error that each of the four counts of the petition sets forth a cause of action arising ex contractu. Counsel for defendant in error contend that the first count sounds in contract, but the second and third sound in tort. We agree with ■counsel in the construction which…
2Cases cited3 opinions
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Louisville & Nashville R. R. v. SpinksSupreme Court of Georgia · 1898
- Milledgeville Water Co. v. FowlerSupreme Court of Georgia · 1907
3Cited by26 opinions
- Arnold v. WaltonSupreme Court of Georgia · 1949
- Wall v. WallSupreme Court of Georgia · 1933
- Owens v. NicholsSupreme Court of Georgia · 1913
- Dawes Mining Co. v. CallahanSupreme Court of Georgia · 1980
- Russell v. BurroughsSupreme Court of Georgia · 1936
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