Cox v. Burt

Court of Appeals of Georgia

Cox v. Burt

122 S.E. 631, 32 Ga. App. 119, 1924 Ga. App. LEXIS 307

CourtCourt of Appeals of Georgia

DecidedApril 19, 1924

Docket15097

StatusPublished

This text of 122 S.E. 631 (Cox v. Burt) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cox v. Burt, 122 S.E. 631, 32 Ga. App. 119, 1924 Ga. App. LEXIS 307 (Ga. Ct. App. 1924).

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Opinion

Jenkins, P. J.

(After stating the foregoing facts.) The intention of the plaintiff, as manifested by the expressions quoted from the petition, in the statement of facts, seems clearly to indicate that as to the $206.35 item he based his right of recovery upon the defendant’s breach of the alleged contract set forth therein; and since no amendment was offered, striking or modifying either of the two items of damages sought to be recovered, the [121]*121petition was properly dismissed as embracing a misjoinder of actions. Wolff v. So. Ry. Co., 130 Ga. 251 (60 S. E. 569); Hartley v. Folds, 24 Ga. App. 456 (101 S. E. 130).

Judgment affirmed.

Stephens and Bell, JJ., concur.

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Jenkins, P. J.

(After stating the foregoing facts.) The intention of the plaintiff, as manifested by the expressions quoted from the petition, in the statement of facts, seems clearly to indicate that as to the $206.35 item he based his right of recovery upon the defendant’s breach of the alleged contract set forth therein; and since no amendment was offered, striking or modifying either of the two items of damages sought to be recovered, the [121]*121petition was properly dismissed as embracing a misjoinder of actions. Wolff v. So. Ry. Co., 130 Ga. 251 (60 S. E. 569); Hartley v. Folds, 24 Ga. App. 456 (101 S. E. 130).

Judgment affirmed.

Stephens and Bell, JJ., concur.

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Bluebook (online)

122 S.E. 631, 32 Ga. App. 119, 1924 Ga. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cox-v-burt-gactapp-1924.

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