30 Ga. App. 603 | Ga. Ct. App. | 1923
The petition of John T. Hight Jr. against Mrs. Nancy S. Martin makes substantially the following case: On October 15, 1921, the defendant entered into the following contract with plaintiff: “This contract executed in duplicate this October 15, 1921, by and between Mrs. Nancy S. Martin and Jno. T. Hight Jr., each of said State and county, witnessetb: that Mrs. Nancy S. Martin does hereby give, grant, sell, and convey to the said Jno. T. Hight Jr. all growing timber that will square
The petition set forth a cause of action and was not subject to the demurrers urged. Damages which may reasonably be considered as in the contemplation of the parties when the contract was made are not too remote to be the subject of a legal recovery. See McMillan v. Quincy, 137 Ga. 63 (72 S. E. 506); Whitlock v. Mozley, 142 Ga. 305 (82 S. E. 886); American Chemical Co. v. Rhodes, 139 Ga. 496 (77 S. E. 582); Waycross Air-Line R. Co. v. Offerman & Western R. Co., 114 Ga. 727 (40 S. E. 738); Anderson v. Hilton & Hodge Co., 121 Ga. 688 (49 S. E. 725). It was not error, for any reason urged, to overrule the demurrers.
Judgment affirmed.