Palmer v. Ingram

• Decision Date: 26 June 1907
• Docket Number: (No. 311.)
• Citation: 2 Ga.App. 200,58 S.E. 362
• Parties: PALMER. v. INGRAM.
• Court: Georgia Court of Appeals

58 S.E. 362

(2 Ga.App. 200)

PALMER.

v.INGRAM.

(No. 311.)

Court of Appeals of Georgia

June 26, 1907.

.

1. Exceptions, Bill of—Wbit of Erroe— Assignment of Errors—Sufficiency.

The following assignment of error did not sufficiently comply with the requirements of Civ. Code 1895, j 5527: "On the trial of said case the following order was granted, to wit: 'On motion of plaintiff's counsel, the foregoing answer is dismissed in open court, October 31, 1906. Frank L. Little, Judge City Court of Sparta'— which said order so granted on verbal motion of plaintiff's counsel was error." An assignment of error must plainly specify not only the decision complained of, but must point out the error in such decision.

2. Damages — Assessment — Default in Pleading — Unliquidated Damages — Necessity of Proof.

In suits for unliquidated damages, notwithstanding the absence of plea or answer, the plaintiff shall be required to prove the amount of damages.

3. Landlord and Tenant—Breach of Lease by Lessor—Measure of Damages.

In a suit to recover damages for the breach of a contract by which the defendant agreed to rent to the plaintiff a farm for one year for a stipulated sum to be paid as rental, the measure of damages for not admitting the plaintiff into possession at the beginning of the term is the difference between the rent to be paid and the actual rental value of the premises at the time of the breach.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 32, Landlord and Tenant, § 723.]

4. Same.

In this case it was error to allow as damages the difference in the stipulated rent and the gross value of the products of the farm for the year of the lease, without any deduction for cost of production. (Syllabus by the Court.)

Error from City Court of Sparta; F. L. Little, Judge.

Action by Ann Ingram against Teresa Palmer. Judgment for plaintiff, and defendant brings error. Reversed.

T. M. Hunt and R. H. Lewis, for plaintiff in error.

H. H. Little and W. H. Burwell, for defendant in error.

HILL, C. J. The plaintiff below brought suit to recover damages for a breach of a written contract by which the defendant agreed to rent her a certain described farm for the year 1905 at a stipulated rental of 1, 500 pounds of midland lint cotton. By consent the case was tried by the court without the intervention of a jury. On motion by the plaintiff, the court dismissed the answer of the defendant, and, after hearing evidence and argument, rendered judgment for the plaintiff for the sum of $423.25, besides interest and costs. The defendant (now plaintiff in error) assigns error on the judg-ment dismissing her answer, and also excepts to the judgment against her for said sum, because said judgment was "contrary to law and evidence, and without evidence to support it."

The judgment dismissing the answer was as follows: "On motion of plaintiff's counsel, the foregoing answer is dismissed in open court, October 31, 1906. Prank L. Little, Judge City Court of Sparta." And the exception to this order is in the following words: "Which said order so granted on verbal motion by plaintiff's counsel was error." The defendant in error objects to this assignment of error, on the ground that it does not specify plainly the decision complained of or point out the error in the decision. We think this objection is well taken, and that this assignment of error does not comply with the requirements of Civ. Code 1895, § 5527, which...