Harris v. Moss

• Decision Date: 30 October 1900
• Parties: HARRIS. v. MOSS.
• Court: Georgia Supreme Court

112 Ga. 95

37 S.E. 123

HARRIS.

v.MOSS.

Supreme Court of Georgia.

Oct. 30, 1900.

ACTION FOR SERVICES—DAMAGES—PLEADING —AMENDMENT.

1. Where a merchant employs a clerk for four months, and refuses to allow him to enter upon his duties, the clerk cannot immediately bring suit for the full amount of the wages which the merchant has agreed to pay for the services of the clerk for four months.

2. Where, in the same contract, the merchant agrees to sell to the clerk, at wholesale prices, goods for his use, the clerk cannot immediately recover the difference between the wholesaleand retail prices of goods which he would probably have bought had he entered the merchant's service, and been allowed to make his purchases at wholesale prices. Such damages would be too remote and speculative.

3. An amendment alleging that since the wrongful refusal to allow the clerk to enter upon his services, and since the filing of the original declaration, the clerk had obtained employment at a salary less than that agreed upon in the contract sued on, and praying judgment for the difference for the full term of four months, was properly refused, as it set out a new cause of action, and was, furthermore, based upon facts occurring subsequently to the filing of the original declaration.

(Syllabus by the Court.)

Error from city court of Ployd county; John H. Reece, Judge.

Action by J. H. Harris against L. R. Moss. Judgment for defendant. Plaintiff brings error. Affirmed.

C. E. Carpenter and M. B. Eubanks, for plaintiff in error.

Geo. A. H. Harris & Son, for defendant in error.

PER CURIAM. Judgment affirmed. All the justices concurring, except LUMPKIN, P. J., and LITTLE, J., absent on account of sickness.