Home/Court of Appeals of Georgia/Gaines v. SHELDON SIMMS COMPANY

Gaines v. SHELDON SIMMS COMPANY

169 S.E.2d 126, 119 Ga. App. 870, 1969 Ga. App. LEXIS 1282
CourtCourt of Appeals of Georgia
DecidedJune 26, 1969
Docket44505
StatusPublished
Cited by6 cases

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

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

Related

Martin v. Pierce
232 S.E.2d 170 (Court of Appeals of Georgia, 1977)
Kinsey v. Fidelity National Bank
228 S.E.2d 161 (Court of Appeals of Georgia, 1976)
Wilson v. Sheppard
221 S.E.2d 671 (Court of Appeals of Georgia, 1975)
McGill v. ALLIS-CHALMERS CREDIT CORPORATION
212 S.E.2d 27 (Court of Appeals of Georgia, 1975)
Perkins v. P. L. W., Inc.
191 S.E.2d 482 (Court of Appeals of Georgia, 1972)
National Advertising Company v. NORTH AMERICAN INSURANCE & REALTY COMPANY, INC.
177 S.E.2d 510 (Court of Appeals of Georgia, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
169 S.E.2d 126, 119 Ga. App. 870, 1969 Ga. App. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gaines-v-sheldon-simms-company-gactapp-1969.