Reports of Cases Argued And Decided in the Supreme Court of ..., volume 88

Cover Reports of Cases Argued And Decided in the Supreme Court of ..., volume 88
Reports of Cases Argued And Decided in the Supreme Court of ..., volume 88
Georgia. Supreme Court
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S15.
No appearance contra.
Digitized by VjOOQIC 236 October Term, 1891. [88 G^ 1 88 238i Lba V. Harris.
92 864 88 236 ^ .£^ \ Construing the declaration in this case in the light of section 2954 of 1!2_J^I the code, the action waa not for a breach of contract, but for a tort, such tort being a violation of a specific duty flowing from re- lations between the parties created by contract. Hence, though the recovery waa less than fifty dollars, the plaintiff waa entitled to full costs, and section
... 3678 of the code does not apply.
December 28, 1801. Judgment affirmed.
Actions. Torts. Contracts. Costs. Before Judge MiLNER. Gordon superior court. February term, 1891.
Harris sued Lea for damages. The declaration alleged that Lea, in January, 1887, sold to Harris all timber of a certain description on certain lands, for which Harris was to and for which he did pay Lea $10 ; that Harris was to have until December 1, 1887, to cut, haul and re- move the timber from the land, and in compliance with the contract did cut and remove part of it, and was in good faith carrying out the contract when Lea in June, 1889 (1887), before the time had expired which Harris was to have to cut and remove the timber, compelled Harris to stop cutting it and to give up the contract, by telling him he would have him arrested if he continued to carry out the contract, and refused to allow Harris to execute the contract, to the damage of Harris $125.


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