123 Ga. 872 | Ga. | 1905
(After stating the foregoing facts.) While no express ruling was made by the trial judge on the separate grounds of demurrer, it follows from the fact that the petition was dismissed at the plaintiff’s cost that the general demurrer was sustained, and we turn our attention first to the question whether the petition set out a cause of action.
1. There can be no doubt that where there is in the vendor
2. We are clear, however, that the allegations of damages, and the prayer for the recovery of $750, should be stricken. Aside from the fact that the administrator could not be held liable in both his individual and his representative capacity, and the further fact that the estate should not be mulcted in damages for the alleged misdeeds of the administrator, there were no such allegations of bad faith, stubborn litigiousness, and wanton disregard of-the rights of the plaintiff as would support a recovery for the expenses of the litigation. See, on this subject, Pferdmenges v. Butler, 117 Ga. 400. The other grounds of the special demurrer, however, are without merit. The allegations of tender and the other circumstances of the transaction were sufficiently explicit. The petition was not bad for misjoinder, nor was it multifarious.
Judgment reversed.