Legal Opinion

Simmons v. McBride

Court of Appeals of Georgia

Decided October 8, 1997No. A97A1086PublishedCited by 5 opinions

1Opinion of the Court

Judge Harold R. Banke.

In this pro se breach of contract action, J. E. Simmons sued Cary McBride a/k/a Carry McBride and Milton Mitchell, alleging that they failed to pay for seven two-ton truck loads of pine straw they removed from Simmons’ property. Simmons sought $14,000 in damages. Mitchell defaulted, and judgment was entered against him. After a hearing on the claim against McBride, the trial court determined that no contract existed and entered judgment for McBride. Simmons then filed this pro se appeal, enumerating two errors. Held:

The record shows that Simmons initially sold his pine…

2Cases cited5 opinions

  1. Christensen v. Roberds of Atlanta, Inc.Court of Appeals of Georgia · 1988
  2. White & Associates, Inc. v. Decker & Hallman, P.C.Court of Appeals of Georgia · 1992
  3. Grossman v. Smith, Barney Real Estate FundCourt of Appeals of Georgia · 1993
  4. White Lumber Sales, Inc. v. C. BRINSON LAMB & SONS LUMBER COMPANY, INC.Court of Appeals of Georgia · 1970
  5. Decatur Co. v. BowenCourt of Appeals of Georgia · 1992

3Cited by5 opinions

  1. Auto-Owners Insurance v. CrawfordCourt of Appeals of Georgia · 1999
  2. Tekin v. WhiddonCourt of Appeals of Georgia · 1998
  3. Thomas Mote Trucking, Inc. v. PCL Civil Constructors, Inc.Court of Appeals of Georgia · 2000
  4. Central Atlanta Progress, Inc. v. BakerCourt of Appeals of Georgia · 2006
  5. Harris v. Nelson (In Re Dunn)United States Bankruptcy Court, M.D. Georgia · 2010

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