Baker v. Cunard Mills, Inc.

The, court did not err in sustaining the general demurrer and in dismissing the action. Except for the prayers the petition sounds in specific performance of the contract, but in the prayers no equitable relief is sought. The prayer is for $2,000.12, the alleged agreed value of the stock minus credit in the amount of $527.88, which the plaintiff owes the defendant. Properly construed, the action is one for damages for breach of contract.

Code § 96-113 applies to sales of corporate stock. Herrmann & Henican v. DeLaPerriere, 47 Ga. App. 541, 542 (171 S. E. 232). That section gives a seller an…