Simmons v. Noble

(After stating the foregoing facts.) Under Code § 3-113, claims ex contractu may be joined in the same action, and claims ex delicto may be joined in like manner. Except as to certain equitable defenses, however, ex delicto and ex contractu claims may not be joined. Further, where a cause of action is ex delicto in nature, a verdict in favor of the plaintiff is not supported by proof which relates to a cause of action arising ex contractu, even though the proof refers to the same transaction and the plaintiff, had he sued in contract, might have recovered thereon. See Brooke v. Cole, 108 Ga.…