Hayes v. Century 21 Shows, Inc.

Debn, Judge.

Under Code § 105-106 the plaintiff cannot base her action on a tort resulting from the violation of a duty arising only by reason of the defendant’s contract with Coosa Valley Fair Association, Inc., unless she “would have had a right of action for the injury done independently of the contract.” See Stuart v. Berry, 107 Ga. App. 531 (130 SE2d 838). The negligence alleged was that there was a malfunction in the Sky-liner, a device owned and operated by an independent contractor brought in by the defendant under a profit sharing arrangement and subject in certain general aspects of…