Wilkes v. Rankin-Whitten Realty Co.

16 S.E.2d 170, 65 Ga. App. 341, 1941 Ga. App. LEXIS 320

• Court: Court of Appeals of Georgia
• Decided: July 16, 1941
• Docket: 28862.
• Status: Published

Opinions

Felton, J.

1. The amended petition, construed most strongly against the plaintiff, did not set forth a cause of action. The petition did not allege that the lot purchased was not worth $1500 when purchased, and the allegation that the selling of adjoining lots at a price less than $1500 caused the lot to depreciate in value is an allegation of damage too remote, speculative, and conjectural, especially in view of the fact that a house has been built on the lot involved subsequently to its purchase.

2. The allegation of damage arising out of the alleged necessity to pay a hotel bill was demurrable for the reason that there were no circumstances alleged which would authorize the conclusion that such a damage Avas in the contemplation of the parties, or which showed that the plaintiff could not have discovered the facts complained of in time to avoid the consequences.

3. The requirement of the authorities with reference to the sewer connection privilege was a matter of governmental regulation, knowledge of which was imputable to the plaintiff. Injury from misrepresentation as to such a regulation and requirement is not actionable.

The court did not err in sustaining the general demurrer.

Judgment affirmed.

Sutton, J., concurs. Stephens, P. J., dissents.