Home/Court of Appeals of Georgia/Elliott v. Delta Air Lines, Inc.

Elliott v. Delta Air Lines, Inc.

156 S.E.2d 656, 116 Ga. App. 36, 1967 Ga. App. LEXIS 681
Court of Appeals of Georgia·Decided June 20, 1967·No. 42762·Published·Cited by 21 cases

Opinion

Deen, Judge.

Where no terms of a contract of employment are set out the petition must be construed as alleging that the plaintiff was working under a contract terminable at the will of the employer. Ott v. Gandy, 66 Ga. App. 684, 687 (19 SE2d 180). An indefinite hiring may be terminated at will by either party. Code § 66-101. A rule of the employer that an employee will be discharged if his wages are garnished by a creditor does not alter the situation. Snyder v. Savannah Union Station Co., 85 Ga. App. 851 (70 SE2d 382). While, under Code § 105-1207 one who wrongfully procures the discharge even of an employee at will may be liable for damages if he acts maliciously and without cause, this petition specifically alleges that the two officers of defendant Delta Air Lines, Inc. who discharged the plaintiff were sued only in their capacity as such, and no relief was sought against them individually. This adds nothing to the petition against the employer, who may discharge the employee with or without cause and regardless of its motives. Smith v. Chicopee Mfg. Corp., 56 Ga. App. 294 (192 SE 481).

Indubitably, the trial court properly sustained the general demurrer.

Judgment affirmed.

Jordan, P. J., and Quillian, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Elliott v. Delta Air Lines, Inc., 156 S.E.2d 656, 116 Ga. App. 36, 1967 Ga. App. LEXIS 681 (Ga. Ct. App. 1967).

156 S.E.2d 656 (Elliott v. Delta Air Lines, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Gary Daniel Griffin v. Dennis R. Turner
Court of Appeals of Georgia, 2019
Griffin v. Turner
830 S.E.2d 239 (Court of Appeals of Georgia, 2019)
Fink v. Dodd
649 S.E.2d 359 (Court of Appeals of Georgia, 2007)
Balmer v. Elan Corp.
599 S.E.2d 158 (Supreme Court of Georgia, 2004)
Shores v. Modern Transportation Services, Inc.
585 S.E.2d 664 (Court of Appeals of Georgia, 2003)
Robert H. Morast v. T. Bertram Lance
807 F.2d 926 (Eleventh Circuit, 1987)
Abernathy v. City of Cartersville, Ga.
642 F. Supp. 529 (N.D. Georgia, 1986)
Morast v. Lance
631 F. Supp. 474 (N.D. Georgia, 1986)
Quinn v. Cardiovascular Physicians, P. C.
326 S.E.2d 460 (Supreme Court of Georgia, 1985)
Buice v. Gulf Oil Corp.
321 S.E.2d 103 (Court of Appeals of Georgia, 1984)
Troy v. Interfinancial, Inc.
320 S.E.2d 872 (Court of Appeals of Georgia, 1984)
Morris Brown College v. Walker
270 S.E.2d 464 (Court of Appeals of Georgia, 1980)
West v. First National Bank of Atlanta
245 S.E.2d 46 (Court of Appeals of Georgia, 1978)
McElroy v. Wilson
240 S.E.2d 155 (Court of Appeals of Georgia, 1977)
Clark v. Prentice-Hall, Inc.
233 S.E.2d 496 (Court of Appeals of Georgia, 1977)
Ely v. Stratoflex, Inc.
208 S.E.2d 583 (Court of Appeals of Georgia, 1974)
Land v. Delta Air Lines, Inc.
202 S.E.2d 316 (Court of Appeals of Georgia, 1973)
Wilkinson v. Trust Co. of Georgia Associates
197 S.E.2d 146 (Court of Appeals of Georgia, 1973)
Campbell v. Carroll
174 S.E.2d 375 (Court of Appeals of Georgia, 1970)