Tifton, Thomasville & Gulf Railway Co. v. Butler
Court of Appeals of Georgia
Action for breach of contract, from city court of Moultrie— Judge McKenzie.' January 9, 1903. The facts, so far as the pleadings are concerned, are fully set forth in the prefatory statements p to the cases of Bedgood v. Tifton Ry. Co., 116 Ga. 945 (43 S. E. 257), and Butter v. Tifton Ry. Co., 121 Ga. 818 (49 S. E. 763). The present transaction is the same one involved in those eases.
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Action for breach of contract, from city court of Moultrie— Judge McKenzie.' January 9, 1903. The facts, so far as the pleadings are concerned, are fully set forth in the prefatory statements p to the cases of Bedgood v. Tifton Ry. Co., 116 Ga. 945 (43 S. E. 257), and Butter v. Tifton Ry. Co., 121 Ga. 818 (49 S. E. 763). The present transaction is the same one involved in those eases. The petition having been adjudged good as against demurrer, in the decision last cited, the case proceeded to trial, and resulted in a verdict in favor of the plaintiffs. The defendant brings the case to this…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts).
1, 2. The action was for unliquidated damages arising from the breach of a contract; and therefore the allowance of interest was governed by the Civil Code, §3800, which provides that “in all cases where an amount ascertained would be the damages at the time of the breach, it may be increased by the addition of legal interest from that time till the recovery.” The plaintiffs sued for a named sum, with interest from a given time alleged to be the date of the breach; and no demurrer or other objection was .filed to this method of asserting the ad damnum. The…
2Cases cited12 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Wilson v. . City of TroyNew York Court of Appeals · 1892
- Western & Atlantic Railroad v. BrownSupreme Court of Georgia · 1897
- Southern Railway Co. v. Oliver & MorrowCourt of Appeals of Georgia · 1907
- Bush v. FourcherCourt of Appeals of Georgia · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Braner v. Southern Trust InsuranceSupreme Court of Georgia · 1985
- Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
- Atlantic Coast Line Railroad v. AndersonCourt of Appeals of Georgia · 1926
- McCollum v. ThomasonCourt of Appeals of Georgia · 1924
- Beasley v. BurtSupreme Court of Georgia · 1946
30 more not listed; retrieve them via the Exa API.