Jackson v. Chambers
Court of Appeals of Georgia
Action for damages; from city court of Carrollton—Judge Beall. December 10, 1918. The demurrer was on the ground that the suit “is based on torts, if any there be, arising both ex contractu and ex delicto.-” The petition alleges that the defendant has injured and damaged the plaintiff in the sum of $800, as shown by the facts set forth.
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Action for damages; from city court of Carrollton—Judge Beall. December 10, 1918. The demurrer was on the ground that the suit “is based on torts, if any there be, arising both ex contractu and ex delicto.-” The petition alleges that the defendant has injured and damaged the plaintiff in the sum of $800, as shown by the facts set forth. According to the petition, the plaintiff was a cropper of the defendant for the year 1917, under a contract the terms of which are set out, and after the plaintiff had completed his work in the cultivation of the crop in compliance with the contract, the…
1Opinion of the CourtRtepiiens, J.
The petition in this case plainly sot out an action for damages sounding in tort, and the recital therein of a contract may be treated merely as showing the relationship of the parties. The court erred in sustaining the demurrer interposed and in dismissing the petition. Paine v. Watters, 9 Ga. App. 265 (70 S. E. 1114).
Judgment reversed.
Jenkins, P. J., and Smith, J., concur. Emmett Smith, Buford Boykin, for plaintiff. Leon Ilood,.II. 0. Strickland, for defendant.
2Cases cited1 opinion
- Payne v. WattersCourt of Appeals of Georgia · 1911
3Cited by2 opinions
- Harrell v. AndersonDistrict Court, S.D. Georgia · 1968
- Lancaster v. BrandtCourt of Appeals of Georgia · 1941