McClain v. Harveston

Court of Appeals of Georgia

McClain v. Harveston

263 S.E.2d 228, 152 Ga. App. 422, 1979 Ga. App. LEXIS 2948

CourtCourt of Appeals of Georgia

DecidedNovember 19, 1979

Docket58277

StatusPublished

Cited by5 cases

This text of 263 S.E.2d 228 (McClain v. Harveston) 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

McClain v. Harveston, 263 S.E.2d 228, 152 Ga. App. 422, 1979 Ga. App. LEXIS 2948 (Ga. Ct. App. 1979).

Pincite

Opinion

Smith, Judge.

Appellant McClain contracted with appellee for the latter to build a house on appellant’s property. After appellee’s completion of the structure, the roof allegedly began to leak, and appellant brought this suit sounding in contract and negligence against appellee. Appellant expressly abandoned his contract claim in the trial court, and he appeals from that court’s grant of summary judgment on his negligence claim. We affirm.

The only recovery appellant sought was the cost of repairing or replacing his allegedly defective roof. Such a recovery is available only in a contract action. Appellant "simply sued for loss of the benefit of his bargain. Such damages are not recoverable in negligence.” Chrysler Corp. v. Taylor, 141 Ga. App. 671 (234 SE2d 123) (1977). See Long v. Jim Letts Oldsmobile, 135 Ga. App. 293 (2) (217 SE2d 602) (1975).

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

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