17 Ga. App. 779 | Ga. Ct. App. | 1916
Williams brought suit in a justice’s court against
The next question is whether the plea interposed by the defendants in the justice’s court amounted to an action for deceit. See
Giving to the plea the construction most favorable to the jurisdiction of the court, it can not be said that the defendants in the justice’s court sought a recovery because of deceit practiced upon them through the knowingly false representations made by the plaintiff. It'appears rather that the defendants relied upon the contract of warranty and sought a recovery for a breach of that contract as a part of the entire original transaction; for in addi
It will be observed that the learned Justice emphasized in that case the fact that the defendant “so pleaded his cause as to show that he contends for the alleged damages, not upon the breach of the contract of warranty, but on account of deceit.” Here, construing the plea all together and notwithstanding certain allegations which would be proper in an action for deceit, it is apparent that the defendants contended for damages not on account of the deceit practiced upon them, but because of the breach of the cbntraet of warranty, and hence they sought no recovery for a tort but under the contract itself. We do not think, therefore, that the justice was without power to render the judgment attacked by illegality for the alleged reason that the court had no jurisdiction over the subject-matter/
The trial judge erred in overruling the motion for a new trial.
Judgment reversed.