Legal Opinion

Montgomery v. Alexander Lumber Co.

Supreme Court of Georgia

Decided May 15, 1913PublishedCited by 15 opinions

Action for breach of contract. Before Judge Pendleton. Fulton superior court. June 10, 1912.

1Opinion of the CourtLumpkin, J.

1. Under former rulings of this court, which are binding, where a contract is required to be evidenced by writing, under the statute of frauds, and a petition sets out the' terms of a contract, but does not allege that it is in writing, such petition is not demurrable for that reason. Allen & Holmes v. Powell, 125 Ga. 438 (54 S. E. 137).

2. Remote or consequential damages are not generally allowed when they can not be traced solely to the breach of the contract, or unless they are capable of exact computation, such as the profits which are the immediate fruit of the contract, and are…

2Cases cited1 opinion

  1. Allen & Holmes v. PowellSupreme Court of Georgia · 1906

3Cited by15 opinions

  1. Fain v. WilkersonCourt of Appeals of Georgia · 1918
  2. Bigelow-Sanford Carpet Co. v. GoodroeCourt of Appeals of Georgia · 1958
  3. The DARLINGTON CORP. v. EvansCourt of Appeals of Georgia · 1953
  4. Horne & Ponder v. O. B. & E. J. EvansCourt of Appeals of Georgia · 1923
  5. Southern Land, Timber & Pulp Corp. v. Davis & Floyd Engineers, Inc.Court of Appeals of Georgia · 1964

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