Savannah River Lumber Co. v. Myers

Court of Appeals of Georgia

Savannah River Lumber Co. v. Myers

108 S.E. 836, 27 Ga. App. 399, 1921 Ga. App. LEXIS 926

CourtCourt of Appeals of Georgia

DecidedOctober 6, 1921

Docket12104

StatusPublished

This text of 108 S.E. 836 (Savannah River Lumber Co. v. Myers) 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

Savannah River Lumber Co. v. Myers, 108 S.E. 836, 27 Ga. App. 399, 1921 Ga. App. LEXIS 926 (Ga. Ct. App. 1921).

Pincite

Opinion

Bloodworth, J.

1. In a suit by an employee to recover salary for a period following an alleged wrongful discharge, where the employer pleaded justification because of the refusal of the employee to obey a certain order, the right to recover would depend upon whether it was the duty of the plaintiff to obey the order given, and upon whether or not a refusal authorized the discharge. Georgia Coast &c. R. Co. v. McFarland, 132 Ga. 640 (64 S. E. 897).

(a) The refusal of the servant to perform services not provided for in the contract will not justify discharge. Sugg v. Blow; 17 Mo. 359 (1); Marx v. Miller, 134 Ala. 348 (4) (32 So. 765).

2. The questions of fact were submitted to the judge of the municipal court of Savannah, his judgment is supported by the evidence, no error of law appears, and the judge of the superior court properly overruled the certiorari.

Judgment affirmed.

Broyles, C. J., and Luke, J., concur.

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