82 Ga. 149 | Ga. | 1889
The plaintiffs in error were merchants doing business m the city of Brunswick. They purchased a large quantity of cotton in the interior of the State along the line of the defendant’s railroad. They sought to have this cotton shipped in car-load lots from the stations
The plaintiffs then amended their declaration and alleged, in substance, that after this cotton had been shipped in car-load lots, and before its arrival at Albany, they had notified the agent of the defendant at Albany that said cotton was coming, and requested that said cotton should be transferred in the same cars from the defendant’s road to the Brunswick and Western railroad, so that it might be carried in the same cars over the latter road to Brunswick; that after said cotton arrived in Albany, the same request was made, and the defendant, through .its agents, refused to comply with said request. The defendant objected to this amendment on the ground that it was a new cause of action ; but the court overruled the objection and allowed the amendment. The defendant renewed its demurrer to the action for want of jurisdiction. The court sustained the demurrer and dismissed the case. The plaintiffs excepted to the ruling and judgment of the court, and brought the case here for review. The defendant filed
If the defendant had made with the plaintiffs a contract whereby it had agreed to ship this cotton from Americus to Brunswick, and when the cotton arrived at Albany in Dougherty county, had failed and refused to transfer, the cars from its road to the Brunswick & Western, that would have been a breach of its contract, and an action could have been brought in Dougherty county on that breach. But there was no contract of that kind made between these parties, and therefore there was no breach of a contract in the county of Dougherty. The defendant had carried out its part of the contract by transporting the cotton from Americus and other cities to the city of Albany. The amendment, therefore, did not cure the defect in the original declaration.
Judgment affirmed.