Milledgeville Water Co. v. Fowler
Supreme Court of Georgia
Action for damages. Before Judge Lewis. Baldwin superior court. July 13, 1906. Fowler brought suit against the Milledgeville Water Company nnd Hanes, superintendent, to recover damages alleged to have been sustained by reason of the failure and refusal of the defendants to furnish water for the plaintiff’s residence in the city of Milledgeville.
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Action for damages. Before Judge Lewis. Baldwin superior court. July 13, 1906. Fowler brought suit against the Milledgeville Water Company nnd Hanes, superintendent, to recover damages alleged to have been sustained by reason of the failure and refusal of the defendants to furnish water for the plaintiff’s residence in the city of Milledgeville. He alleged, in substance, that said Water Company is under a contract “with the mayor and aldermen of said city for and in behalf of the citizens of said city, whereby it agrees to furnish water to the residents of said city upon terms therein fully…
1Opinion of the CourtBeck, J.
(After stating the facts.) The plaintiff’s case, as stated in his petition and as’ made by his evidence, was plainly one arising from a breach of a contract. The relation of the parties to the action was plainly contractual. The defendant, under the terms of the contract, was under obligation, upon the payment in advance of a certain sum by the plaintiff, to furnish water to plaintiff at his residence. The plaintiff contended, and submitted proof to show, that he had performed his part of the contract by payment in advance of the requisite amount, and that the defendant had failed and refused…
2Cases cited5 opinions
- Louisville & Nashville R. R. v. SpinksSupreme Court of Georgia · 1898
- Freeman v. Macon Gas Light & Water Co.Supreme Court of Georgia · 1906
- Western Union Telegraph Co. v. Waxelbaum & Co.Supreme Court of Georgia · 1901
- Grier v. WardSupreme Court of Georgia · 1857
- Clarke v. Western Union Telegraph Co.Supreme Court of Georgia · 1901
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- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Leonard v. Firemen's InsuranceCourt of Appeals of Georgia · 1959
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