Twin City Lumber Co. v. Daniels
Court of Appeals of Georgia
Action for breach of contract; from city court of Blakely— Judge Sheffield. October 2, 1917. The Twin City Lumber Company brought suit against J. B. Daniels, alleging in part that “On July 21, 1916, the defendant was, as he still is, the owner of a sawmill and a valuable tract of valuable pine timber in said county, located near Rowena, a small station on the line of the Georgia, Florida & Alabama Railway.
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Action for breach of contract; from city court of Blakely— Judge Sheffield. October 2, 1917. The Twin City Lumber Company brought suit against J. B. Daniels, alleging in part that “On July 21, 1916, the defendant was, as he still is, the owner of a sawmill and a valuable tract of valuable pine timber in said county, located near Rowena, a small station on the line of the Georgia, Florida & Alabama Railway. On said date petitioner was, as it still is, engaged in - the manufacture of lumber, and in buying and reselling pine lumber at wholesale, as was known to defendant the date aforesaid. On…
1Opinion of the CourtBloodwobth, J.
(After stating the foregoing facts.) 1. There was no error harmful to the plaintiff in error in striking paragraph 10 of the petition. The allegations therein were as to matters arising after the refusal of the defendant to comply with his contract. Plaintiff in error insists that this paragraph should not have been stricken, because “such bad faith on his part was specifically alleged as a basis for the recovery of attorney’s fees.” The “bad faith” which will authorize recovery of attorney’s fees in actions of this character (Civil Code of 1910, § 4392) is “ ‘bad faith’ in the transaction…
2Cases cited24 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
- Hadden v. Southern Messenger ServiceSupreme Court of Georgia · 1910
- Lovell v. FrankumSupreme Court of Georgia · 1916
- Sizer & Co. v. Melton & SonsSupreme Court of Georgia · 1907
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Gunsby v. StateCourt of Appeals of Georgia · 2001
- Bankers Health & Life Insurance v. PlumerCourt of Appeals of Georgia · 1942
- Pickett v. Chamblee Construction Co.Court of Appeals of Georgia · 1971
- Williams v. BellCourt of Appeals of Georgia · 1972
13 more not listed; retrieve them via the Exa API.