Glover-White Mercantile Co. v. Ausburn
Court of Appeals of Georgia
Action for damages; from Floyd superior court-—-Judge Wright. January 12, 1920. The plaintiff offered to buy from the defendant certain cottonseed, stating that he wanted a variety known as Cooke’s seed, and no other, and was willing to pay a higher price if he could get that variety of seed. The defendant offered to sell to him Cooke’s cottonseed, and did sell to him certain seed which the defendant represented to be Cooke’s seed.
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Action for damages; from Floyd superior court-—-Judge Wright. January 12, 1920. The plaintiff offered to buy from the defendant certain cottonseed, stating that he wanted a variety known as Cooke’s seed, and no other, and was willing to pay a higher price if he could get that variety of seed. The defendant offered to sell to him Cooke’s cottonseed, and did sell to him certain seed which the defendant represented to be Cooke’s seed. He planted it, and when the crop matured he found that it was not Cooke’s, but another variety of seed. He sued for breach of contract, and by demurrer the…
1Opinion of the CourtJenkins, P. J.
One suing for breacli of the specific terms of an express contract cannot by amendment convert the suit into an action for tort, based on fraud and deceit, nor can he join such an action on contract with one based on tort. Brooke v. Cole, 108 Ga. 251, 252 (33 S. E. 849); Wolff v. Southern Ry. Co., 130 Ga. 251 (60 S. E. 569). Judgment reversed.
Stephens and Smith, JJ., concur. Wright Willingham, L. H. Covington, for plaintiff in error. M. B. Edwards, contra.
2Cases cited2 opinions
- Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
- Brooke v. ColeSupreme Court of Georgia · 1899
3Cited by1 opinion
- INGRAM & LeGRAND LUMBER CO. INC. v. BUNNCourt of Appeals of Georgia · 1950