Hartley v. Folds
Court of Appeals of Georgia
Action for damages; from city court of Carrollton—Judge Beall. March 14, 1919. Folds sued Hartley and. others, alleging, that he had purchased of them the sawing timber on a described tract of land; that under the contract he was to deliver to the defendants, as payment for the timber purchased, a stated quantity of the lumber and, shingles which he was to saw from the timber on the said premises; that in accordance with the terms of the contract he moved his mill upon the…
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Action for damages; from city court of Carrollton—Judge Beall. March 14, 1919. Folds sued Hartley and. others, alleging, that he had purchased of them the sawing timber on a described tract of land; that under the contract he was to deliver to the defendants, as payment for the timber purchased, a stated quantity of the lumber and, shingles which he was to saw from the timber on the said premises; that in accordance with the terms of the contract he moved his mill upon the premises, began sawing, and delivered to the defendants a portion of the lumber; and the defendants breached the contract…
1Opinion of the CourtSmith, J.
1. “All claims arising ex contractu between the same parties may be joined in the same action, and all claims arising ex delicto may in like manner be jjoined.” Civil Code (1910), § 5521; Hillside Cotton Mills v. Ellis, 23 Ga. App 45 (4), 46 (97 S. E. 459). Claims arising ex contractu can not be joined in the same suit with claims arising ex delicto. Wolff v. Southern Ry. Co., 130 Ga. 251 (60 S. E. 569).
2. The cause of action upon which the plaintiff sought to recover the profits which would have arisen from the purchased timber had not the defendant breached the contract of sale was a claim…
2Cases cited3 opinions
- Wolff v. Southern Railway Co.Supreme Court of Georgia · 1908
- Hillside Cotton Mills v. EllisCourt of Appeals of Georgia · 1918
- Sharpe v. Columbus Iron Works Co.Supreme Court of Georgia · 1911
3Cited by5 opinions
- Watson v. Atlanta Gas Light Co.Court of Appeals of Georgia · 1933
- Darnell v. ToneyCourt of Appeals of Georgia · 1930
- Cuttino v. MimmsCourt of Appeals of Georgia · 1958
- INGRAM & LeGRAND LUMBER CO. INC. v. BUNNCourt of Appeals of Georgia · 1950
- Cox v. BurtCourt of Appeals of Georgia · 1924