49 S.E.2d 912 | Ga. Ct. App. | 1948
Where a person is employed by a corporation for wages and, after the employee has earned wages under the contract of employment, the employer refuses to pay the employee the wages earned without legal process and in wanton disregard of the employee's rights and against his will, the only recourse available to the employee is an action for a breach of the contract of employment, as the only duty placed upon the employer arises solely by reason of the contract. Code, § 105-101. See Manley v. Exposition Cotton Mills,
Since this action sounded solely in tort for the amount of wages withheld and punitive damages in the amount of $5000, the court did not err in sustaining the general demurrer to the petition and dismissing the action.
Judgment affirmed. Sutton, C. J., and Parker, J.,concur.