Gaines v. SHELDON SIMMS COMPANY

Court of Appeals of Georgia

Gaines v. SHELDON SIMMS COMPANY

169 S.E.2d 126, 119 Ga. App. 870, 1969 Ga. App. LEXIS 1282

Court of Appeals of Georgia·Decided June 26, 1969·No. 44505·Published·Cited by 6 cases

Opinion

Felton, Chief Judge.

In this action by the buyer for damages for breach of a realty sale contract against the corporate seller, the corporate broker and an individual alleged to be president of both corporate defendants, the general allegation of the complaint, that plaintiff contracted with “the defendants,” must yield to the contract itself, attached as an exhibit to the complaint, showing its execution merely by the corporate seller by its president. Williams v. Appliances, Inc., 91 Ga. App. 608 (4) (86 SE2d 632) and cit. Therefore, the trial court did not err in its judgment sustaining the motions to dismiss of the defendant corporate broker and the defendant individual. The judgment was correct even if the *871 complaint be construed as seeking equitable relief, since the Civil Court of Fulton County does not have equitable jurisdiction. Constitution, Art. VI, Sec. IV, Par. I (Code Ann. § 2-3901).

Submitted June 2, 1969 Decided June 26, 1969. E. B. Shaw, for appellant. Payne, Barlow & Green, William 0. Green, Jr., for appellees.

Judgment affirmed.

Pannell and Quillian, JJ., concur.

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

Felton, Chief Judge.

In this action by the buyer for damages for breach of a realty sale contract against the corporate seller, the corporate broker and an individual alleged to be president of both corporate defendants, the general allegation of the complaint, that plaintiff contracted with “the defendants,” must yield to the contract itself, attached as an exhibit to the complaint, showing its execution merely by the corporate seller by its president. Williams v. Appliances, Inc., 91 Ga. App. 608 (4) (86 SE2d 632) and cit. Therefore, the trial court did not err in its judgment sustaining the motions to dismiss of the defendant corporate broker and the defendant individual. The judgment was correct even if the *871 complaint be construed as seeking equitable relief, since the Civil Court of Fulton County does not have equitable jurisdiction. Constitution, Art. VI, Sec. IV, Par. I (Code Ann. § 2-3901).

Submitted June 2, 1969 Decided June 26, 1969. E. B. Shaw, for appellant. Payne, Barlow & Green, William 0. Green, Jr., for appellees.

Judgment affirmed.

Pannell and Quillian, JJ., concur.

Gaines v. SHELDON SIMMS COMPANY, 169 S.E.2d 126, 119 Ga. App. 870, 1969 Ga. App. LEXIS 1282 (Ga. Ct. App. 1969).

Pincite

169 S.E.2d 126 (Gaines v. SHELDON SIMMS COMPANY) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related