Casey & Hedges Mfg. Co. v. Dalton Ice Co.
| Decision Date | 19 March 1894 |
| Citation | 20 S.E. 333,94 Ga. 407 |
| Parties | CASEY & HEDGES MANUF'G CO. v. DALTON ICE CO. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. A declaration which alleges a contract between the plaintiff and defendant by which the latter agreed to furnish to the former by a certain day one boiler, complete, and a failure and refusal to deliver it, whereby the plaintiff was damaged, sets forth a case of action.
2. A special demurrer which complains that the declaration "states no item of damage" is not good to a declaration which does state an item of damage, but only needs further certainty and particularity. The demurrer should have pointed out this defect, instead of complaining that no item of damage was stated.
3. The amendment to the declaration, properly construed, does not set up a new and distinct cause of action. While a declaration in attachment is amendable after the first term, damages cannot properly be laid, either in the original or amended declaration, at more than the amount claimed in the attachment.
Error from superior court, Whitfield county; I. W. Milner, Judge.
Action by the Dalton Ice Company against the Casey & Hedges Manufacturing Company. There was a judgment for plaintiff, and defendant brings error. Affirmed.
John W. Akin, for plaintiff in error.
R. J. & J. McCamy, for defendant in error.
Judgment affirmed.
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