Lamb v. McHan
Court of Appeals of Georgia
Action for damages;' from eity court of Waycross — Judge McDonald. August 15, 1915.
1Opinion of the CourtWade, J.
1. An action founded upon the failure of a person to perform a legal duty imposed upon him by contract is an action ex delicto. City & Suburban Railway v. Brauss, 70 Ga. 368; Turner v. Western & Atlantic Railroad,, 69 Ga. 827. “An act and a neglect may be both a breach of a contract and a tort. In such cases the plaintiff has his election as to whether he will sue ex contractu or ex delicto; but the measure of damages in the two cases is usually different.” Chappell v. Western Railway of Alabama, 8 Ga. App. 787-788 (2), 792 (70 S. E. 208); Brooke v. Nashville, Chattanooga & Saint Louis…
2Cases cited10 opinions
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Wright v. Hollywood Cemetery CorporationSupreme Court of Georgia · 1901
- Roberts v. KeelerSupreme Court of Georgia · 1900
- Ohlen v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1907
- Chappell v. Western RailwayCourt of Appeals of Georgia · 1911
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3Cited by5 opinions
- Hightower v. LandrumCourt of Appeals of Georgia · 1964
- Ellis v. TaylorSupreme Court of Georgia · 1931
- Henry Cotton Mills v. Shoenig & Co.Court of Appeals of Georgia · 1925
- Ellis v. RileyCourt of Appeals of Georgia · 1916
- Ivey v. Knight & Boykin Poultry & Produce Co.Court of Appeals of Georgia · 1963