Moore v. Roberts

190 S.E. 41, 55 Ga. App. 268, 1937 Ga. App. LEXIS 64

Opinion

Felton, J.

1. For one maliciously and without justifiable cause to induce one to break a contract with another to the latter’s damage is actionable. Luke v. Dupree, 158 Ga. 590 (124 S. E. 13). Accordingly, a petition substantially so alleging, without alleging how the contract would benefit the petitioners, or in what particular they would be damaged, stated a cause of action as against a general demurrer. Further and more detailed allegations, if desired, should have been called for by special demurrer. Code, §§ 81-1301, 81-1302.

2. A petition which fails to show jurisdiction of the person of the defendant, by failing to allege that she is a resident of the county in which the suit is brought, is not subject to a demurrer which does not specifically point out that defect. Burton v. Wadley Southern Ry. Co., 25 Ga. App. 599 (2), 605, (103 S. E. 881); Rose v. Mines, 25 Ga. App. 791 (104 S. E. 784).

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.