31 Ga. App. 644 | Ga. Ct. App. | 1924
The plaintiff sued for damages consisting of alleged profits lost and expenses incurred on account of the defendant’s failure to comply -with its contract to sell and deliver to the plaintiff certain tires, wheels, and automobile accessories, for the purpose of re-equipping with pneumatic tires his truck, which had been equipped with- solid rubber tires. The amended petition alleged: that in the operation of plaintiff’s sawmill it was necessary for this truck to transport the manufactured product a distance
1. “Remote or consequential damages are not allowed whenever .they cannot be traced solely to the breach of the contract, or unless they are capable of exact computation, such as the profits which are the immediate fruit of the contract, and are independent of any collateral enterprise entered into in contemplation of the contract.” Civil Code (1910), §§4394, 4395. “Damages which are the legal and natural result of the act done, though to some extent contingent, are not too remote to be recovered, especially where they are such as may be fairly and rfeasonabty considered as arising either naturally from a breach of the contract itself, or as may reasonably be supposed to have been in contemplation of both the parties at the time they entered into the contract as the probable result of a breach of it.” Stewart v. Lanier House Co., 75 Ga. 582 (1 a), 598; Van Winkle v. Wilkins, 81 Ga. 93 (3) (7 S. E. 644, 12 Am. St. R. 299); Gore v. Malsby, 110 Ga. 893 (3), 902, 903 (36 S. E. 315); Waycross Air-Line R. Co. v. Offerman R. Co., 114 Ga. 727 (3), 731 (40 S. E. 738); Anderson v. Hilton & Dodge
(a) “If there is no market at the place of delivery at the time fixed therefor, resort may be had to the nearest available market, with cost of transportation to the place of delivery usually added.”
(6) Under the rules stated, it was error to overrule the demurrers to that portion of the petition which claimed profits lost on account of the decreased operations of the mill.
2. The court properly sustained the demurrer as to the item claiming as damages the amount expended in purchasing the new truck. It appears that the plaintiff acquired this truck as his own property, but it nowhere appears that he did not receive value for. the amount expended, or that he incurred, any damage in paying the amount of the cost price.
3. Neither of the items of damage claimed being recoverable: under the facts alleged, and no general or nominal damages being; sought, the petition should have been dismissed. Twin City Lumber Co. v. Daniels, supra.
Judgment reversed on main-bill of exceptions; affirmed on cross-bill.