Standhardt v. Hardin
Supreme Court of Georgia
Petition for injunction. Before Judge Pendleton. Fulton superior court. November 27, 1915. Otto E. Standhardt filed his equitable action against Dr. L. Sage Hardin, alleging in substance as follows: On March 30, 1915, the defendant operated on the plaintiff for the purpose of removing a hernia.
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Petition for injunction. Before Judge Pendleton. Fulton superior court. November 27, 1915. Otto E. Standhardt filed his equitable action against Dr. L. Sage Hardin, alleging in substance as follows: On March 30, 1915, the defendant operated on the plaintiff for the purpose of removing a hernia. The operation was so unskilfully and negligently performed as to greatly injure and damage the plaintiff, the damages being laid at $5,000. The defendant brought suit against the plaintiff in the municipal court of Atlanta for $100 for his fee for performing the operation. That court is one of limited…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) The present plaintiff’s cause of action against the defendant, as alleged, was one sounding in tort. He brought suit upon it as such in the city court of Atlanta, a court having jurisdiction to try it. The defendant’s cause of action against the plaintiff was one arising on a contract, express or implied, for the recovery of a fee claimed to be due to him for services as a surgeon. The general rule is that a claim for damages arising from a tort can not be set off against one based on a contract. To this rule some exceptions have been made in cases…
2Cases cited6 opinions
- Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
- English & Co. v. ThornSupreme Court of Georgia · 1895
- Potts-Thompson Liquor Co. v. Capital City Tobacco Co.Supreme Court of Georgia · 1912
- Ingram v. JordanSupreme Court of Georgia · 1875
- Johnson v. ReevesSupreme Court of Georgia · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gordy Tire Co. v. Dayton Rubber Co.Supreme Court of Georgia · 1960
- Berry v. BrunsonSupreme Court of Georgia · 1928
- Ellis v. TaylorSupreme Court of Georgia · 1931
- Brewer v. WilliamsSupreme Court of Georgia · 1954
- Tench v. Downey Hospital Inc.Court of Appeals of Georgia · 1926
4 more not listed; retrieve them via the Exa API.