Macon & Augusta Railroad v. Garrard
Supreme Court of Georgia
Contracts. Pleadings. Former recovery. Before Judge Pottle. Hancock Superior Court. April Term, 1874. Garrard brought complaint against the Macon and Augusta Railroad Company on an account for cross-ties and wood, amounting to $5,250 50. The defendant pleaded the general issue and former recovery. The facts presented by the testimony were, in brief, as follows: The plaintiff entered into a contract with the defendant to furnish cross-ties and wood at certain prices.
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Contracts. Pleadings. Former recovery. Before Judge Pottle. Hancock Superior Court. April Term, 1874. Garrard brought complaint against the Macon and Augusta Railroad Company on an account for cross-ties and wood, amounting to $5,250 50. The defendant pleaded the general issue and former recovery. The facts presented by the testimony were, in brief, as follows: The plaintiff entered into a contract with the defendant to furnish cross-ties and wood at certain prices. For the purpose of carrying out his undertaking he employed three overseers, each to superintend a separate lot of hands.…
1Opinion of the Court
Trippe, Judge.
1. For the purpose of determining this case, it matters not whether the contract- between the plaintiff and defendant was entire or severable. When the first suit was brought the whole demand or debt was due. If so, it was incapable of division for the purpose of bringing separate suits therefor. Section 2939 of the Code provides “if a contract be entire-but one suit can be maintained for a breach thereof; but if it be severable, or if the breaches occur at successive periods in an entire contract, (as where money is to be paid by installments,) an action will lie for each…
2Cited by12 opinions
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Singer v. Steven Kokes, Inc.Court of Special Appeals of Maryland · 1978
- Thompson v. McDonaldSupreme Court of Georgia · 1889
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Evans v. CollierSupreme Court of Georgia · 1887
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