21 Ga. App. 412 | Ga. Ct. App. | 1917
The case comes to this court on exceptions to the order of the trial judge in sustaining demurrers to the plaintiff’s petition and dismissing the action. The various headnotes above need no discussion; and it is only necessary to apply the well-settled ruling contained in the third headnote to the facts as alleged in the petition. The plaintiff sued to recover damages, for an alleged breach of a bond for title, setting up in his petition that the defendant had loaned this firm the sum of $600 to pay the balance of the purchase-price of certain lands previously bought by him from another, and by agreement had taken a deed vesting title to said property in the defendant, and thereupon executed a bond for title thereto in favor of the plaintiff and his partner in a sawmill business, conditioned to reconvey said prop
No time is alleged in the original petition when the plaintiff’s partner assigned in writing to the plaintiff his interest in the contract with the defendant company. Fuller information was called for on this point by special demurrer, as-well as fuller information upon various other points. “The petition must caver a time when every material or traversable fact transpires.’ This ancient rule of pleading has been recognized by our Supreme Court in its earliest utterances (Bond v. Central Bank, 2 Ga. 92, 100), as well as in its later rulings. Warren v. Powell, 122 Ga. 4 (49 S. E. 730).” Mandeville Mills v. Dale, 2 Ga. App. 607 (3), 613 (58 S. E. 1060).
It is unnecessary, however, for the purposes of this case to review or consider the many special grounds of the demurrer, or any other ground urged by the defendant in support.of the ruling-sustaining (he general demurrer, since the one particular in which the petition was insufficient to set out a cause of action, because failing to allege a legal breach of the contract which formed the basis thereof, is enough to support that ruling. Without, therefore, needlessly extending the analysis of the petition in this case or considering the various special grounds of the demurrer, we hold, for the reason stated, that the judge of the superior court did not err in sustaining the general demurrer and dismissing the suit.
Judgment on main bill of exceptions affirmed; cross-bill dismissed.