Dover v. Hill

Court of Appeals of Georgia

Dover v. Hill

149 S.E. 664, 40 Ga. App. 367, 1929 Ga. App. LEXIS 160

CourtCourt of Appeals of Georgia

DecidedSeptember 20, 1929

Docket19300

StatusPublished

This text of 149 S.E. 664 (Dover v. Hill) 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

Dover v. Hill, 149 S.E. 664, 40 Ga. App. 367, 1929 Ga. App. LEXIS 160 (Ga. Ct. App. 1929).

Pincite

Opinion

Luke, J.

1. Whei'e A purchases the whole capital stock of a corporation from B, who had acquired the same, a suit will not lie for a breach of an alleged implied warranty in the name of C, who had acquired the stock from A, to recover from B the amount of an unpaid tax fi. fa. against the corporation, which was about to he levied upon a certain tract of land owned by the corporation.

(a) Such a suit may not he denominated a suit to recover for fraud and deceit, where there are no allegations of representations of any kind as to value of stock or title to physical property owned by the corporation, or any indebtedness which the corporation may have had against it.

2. The court properly sustained the general demurrer to the suit:

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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