Wallace v. Tumlin & Stegall
Supreme Court of Georgia
Effect of Eepeal. Western & Atlantic Eailroad. Secondary Evidence. Measure of Damages. Profits. New Trial. Cumulative Evidence. Before Judge Hopkins. Fulton Superior Court.
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Effect of Eepeal. Western & Atlantic Eailroad. Secondary Evidence. Measure of Damages. Profits. New Trial. Cumulative Evidence. Before Judge Hopkins. Fulton Superior Court. November Term, 1870. In August, 1867, Tumlin & Stegall averred that, on the 1st of December, 1857, Spullock, then Superintendent of the Western & Atlantic Eailroad, in his official capacity as such, employed them to supply with water a tank, at Shanghai station, on said road, for five years from the completion of the necessary works therefor, to-wit: An hydraulic ram, pipes and fixtures, all to be furnished by plaintiffs,…
1Opinion of the CourtLochrane, C. J.
The main question in this case arises upon the' charge of the Judge in relation to the rule for the ascertainment of damages. Section 2888 of the Code declares, if a contract be entire, but one suit can be maintained for breach thereof. Where money is to be paid by installments, an action will lie for breach, but all the breaches occurring up to the commencement of the action must be included therein. Section *4712893, speaking of the damages which are allowed for breach of contract, includes the profits which are the immediate fruit of the contract. 2d Curtis, C. C., determining what damages…
2Cited by25 opinions
- Bennett v. Associated Food Stores, Inc.Court of Appeals of Georgia · 1968
- Donahue v. StateIndiana Supreme Court · 1905
- Atlantic Coast Line Railroad v. SmithCourt of Appeals of Georgia · 1963
- Haug v. RileySupreme Court of Georgia · 1897
- Goodman v. HendersonSupreme Court of Georgia · 1877
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