Mayor of Gainesville v. Jaudon
Supreme Court of Georgia
Exceptions to auditor’s report. Before Judge Jones. Hall superior court. January term, 1915. H. S. Jaudon brought an action against the Mayor and Council of the City of Gainesville. The petition contained two counts. The first count claimed damages for a breach of contract; and the second was upon a quantum meruit, which was abandoned during the trial.
Read the full summary
Exceptions to auditor’s report. Before Judge Jones. Hall superior court. January term, 1915. H. S. Jaudon brought an action against the Mayor and Council of the City of Gainesville. The petition contained two counts. The first count claimed damages for a breach of contract; and the second was upon a quantum meruit, which was abandoned during the trial. In the petition it was alleged, that on February l?, 1910, the defendant, being about to improve its water-plant or system for supplying the City of Gainesville with water by establishing additional water-supply, reservoirs, pumps, and to…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
1. Exception is taken to the reference of the case to an auditor. The action was ex contractu for the breach of a contract, and an item of damages depended upon the ascertainment of the amount claimed on the sewerage system, fixed in the contract at five per cent, of the net cost of construction. This required an examination into the cost of construction of that improvement. The statute provides that in all cases in the superior court involving *303matters of account the judge may appoint an auditor to investigate such matters of account and report the result…
2Cases cited10 opinions
- Lyndon v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1907
- Flint & Walling Manufacturing Co. v. BeckettIndiana Supreme Court · 1906
- Austin v. Southern Home Building & Loan Ass'nSupreme Court of Georgia · 1905
- City & Suburban Railway v. BraussSupreme Court of Georgia · 1883
- Melson v. DicksonSupreme Court of Georgia · 1879
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Citizens & Southern Bank v. Realty Savings & Trust Co.Supreme Court of Georgia · 1928
- Dougherty-Little-Redwine-Co. v. HatcherSupreme Court of Georgia · 1930
- House v. American Discount Co.Court of Appeals of Georgia · 1923
- Mitchell v. TurnerSupreme Court of Georgia · 1940
- E. I. DuPont De Nemours & Co. v. WatersCourt of Appeals of Georgia · 2009
4 more not listed; retrieve them via the Exa API.