Legal Opinion
Orkin Exterminating Co. v. Stevens
Court of Appeals of Georgia
Decided November 7, 1973No. 48334PublishedCited by 107 opinions
1Opinion of the Court
Hall, Presiding Judge.
This is a "termite case” in which Stevens, a homeowner, (hereinafter, "Stevens”) received a jury verdict against Orkin Exterminating Co. Inc. (hereinafter, "Orkin”) and Orkin appeals the overruling of its motions for directed verdict and judgment n. o. v.
The appeal presents the knotty question, not answerable in any fashion save that of case by case analysis, whether as between two private contracting parties a specific act or omission in the nature of a breach of contract may also constitute a tort.
The pleadings and trial evidence showed that on April 3, 1969, Stevens…
2Cases cited28 opinions
- Young Men's Christian Assn. v. BaileyCourt of Appeals of Georgia · 1965
- CHRYSLER MOTORS CORPORATION v. DavisSupreme Court of Georgia · 1970
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Moody v. Martin Motor Co.Court of Appeals of Georgia · 1948
- Buffalo Insurance v. Star Photo Finishing Co.Court of Appeals of Georgia · 1969
23 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- The Flintkote Company v. Dravo Corporation, Diamond Manufacturing Company, Inc. And B. F. Diamond Construction Company, Inc.Court of Appeals for the Eleventh Circuit · 1982
- Sims v. American Casualty Co.Court of Appeals of Georgia · 1974
- Long v. Jim Letts Oldsmobile, Inc.Court of Appeals of Georgia · 1975
- Imaging Systems International, Inc. v. Magnetic Resonance Plus, Inc.Court of Appeals of Georgia · 1997
- Charles O. Finley & Co., Inc. v. Bowie K. KuhnCourt of Appeals for the Seventh Circuit · 1978
102 more not listed; retrieve them via the Exa API.