Kenimer v. Ward Wight Realty Co.
| Decision Date | 10 October 1963 |
| Docket Number | No. 22130,22130 |
| Citation | 219 Ga. 275,133 S.E.2d 18 |
| Parties | Harkness T. KENIMER v. WARD WIGHT REALTY COMPANY et al. |
| Court | Georgia Supreme Court |
Cullen M. Ward, William W. Daniel, Atlanta, for plaintiff in error.
A. C. Latimer, Latimer & Allen, Atlanta, for defendant in error.
Syllabus Opinion by the Court
The order of the trial court sustaining the oral motion of defendants to dismiss plaintiff's petition recited that See also Orkin Termite Co. v. Duffell, 97 Ga.App. 215, 102 S.E.2d 629; Rhine v. Sanders, 100 Ga.App. 68, 110 S.E.2d 128. The plaintiff in his brief filed in this court takes the same position, insisting that the action is in tort against defendants for maliciously procuring the breach of a contract in which plaintiff had an interest. The election of plaintiff to proceed in tort removed all equity from the case and leaves only an action at law for money damages of which the Court of Appeals and not this court has jurisdiction. Code Ann. §§ 2-3704, 2-3708, Const. art. VI, § II, pars. IV, VIII; Miller v. Ray. 208 Ga. 27(1), 64 S.E.2d 449; Gay v. Lewis, 215 Ga. 317(1), 109 S.E.2d 646; Hudon v. North Atlanta, 219 Ga. 179, 132 S.E.2d 74.
Transferred to the Court of Appeals.
All the Justices concur.
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