Roberson v. Allen
Court of Appeals of Georgia
Appeal; from Eannin superior court — Judge Morris. May 25, 1909. The plaintiffs in error brought suit in a justice’s court, to recover damages for breach of contract. A judgment was rendered in their behalf.' The defendant appealed to the superior court, and the demurrer which he had filed to -the suit in the justice’s court, and which the justice overruled, was insisted upon in the superior court, and was sustained, and the suit dismissed.
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Appeal; from Eannin superior court — Judge Morris. May 25, 1909. The plaintiffs in error brought suit in a justice’s court, to recover damages for breach of contract. A judgment was rendered in their behalf.' The defendant appealed to the superior court, and the demurrer which he had filed to -the suit in the justice’s court, and which the justice overruled, was insisted upon in the superior court, and was sustained, and the suit dismissed. The error assigned is the dismissal of the suit on demurrer. The petition makes the following case: In the year 1907 the plaintiffs rented from the…
1Opinion of the CourtHill, C. J.
(After stating the case.) We think the contract set out in the petition, as interpreted by the allegations thereof, should be treated as an entire contract. The plaintiffs could not carry out their part of the contract and cultivate the land, without having a pasture in which to keep their stock. This pasture was rented to them by the defendant and they went into possession of it. The defendant’s subsequent .conduct in depriving them of the use of the pasture constituted a breach of his contract and amounted to an eviction of the plaintiffs. They were thereupon entitled to recover from him…
2Cases cited3 opinions
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