Legal Opinion

Bailey v. Martin

Court of Appeals of Georgia

Decided January 21, 1960No. 38012PublishedCited by 13 opinions

1Opinion of the Court

Carlisle, Judge.

All that a petition needs to allege in order to state a cause of action and to withstand a general demurrer is facts showing the existence of a duty on the part of the defendant, the violation of that duty by the defendant, and the damages accruing to the plaintiff as a result thereof. Vickers v. Georgia Power Co., 79 Ga. App. 456, 458 (54 S. E. 2d 152); Hogan v. Young Men’s Christian Association, 82 Ga. App. 372 (61 S. E. 2d 161); 41 Am. Jur. 345, Pleading, § 78. After the owner and a builder have entered into a written contract for the construction of a building, they may…

2Cases cited21 opinions

  1. McDaniel v. Mallary Bros. Machinery Co.Court of Appeals of Georgia · 1909
  2. Langenback v. MaysSupreme Court of Georgia · 1949
  3. Evans v. HensonCourt of Appeals of Georgia · 1946
  4. Vickers v. Georgia Power Co.Court of Appeals of Georgia · 1949
  5. Michaud v. MacGregorSupreme Court of Minnesota · 1895

16 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Cooper v. G. E. Construction Co.Court of Appeals of Georgia · 1967
  2. Biltmore Construction Co. v. Tri-State Electrical Contractors, Inc.Court of Appeals of Georgia · 1976
  3. Clark v. Belleau, Inc.Court of Appeals of Georgia · 1966
  4. Conway v. Housing Authority of City of AtlantaCourt of Appeals of Georgia · 1960
  5. Daniel & Daniel, Inc. v. Stewart Brothers, Inc.Court of Appeals of Georgia · 1976

8 more not listed; retrieve them via the Exa API.

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