99 Ga. 743 | Ga. | 1896
The point was raised on the argument of this case that, in the absence of an express statute, an action would not lie in Georgia to recover damages for the breach of a promise of marriage. We find in our own reports no adjudicated case either in recognition, or in denial, of the right to. prosecute such a proceeding; and, so far as we are inform-ed, this is the first time the question has formally presented .itself to this court for determination. Erom an examination of outside authorities, however, it would seem to be .now generally conceded in this country that such right ■ exists without, reference to legislative action. “Suit can-mot be brought for the specific performance of a promise of marriage, but am action for damages lies for a breach of ,sueh promise. This action exists independently of statute by the common law, although at an early day in this country it was questioned whether such an action could be brought, and efforts have been made at various times to 'have it abolished.” 2 Am. & Eng. Enc. of Law, page 525, ■citing cases. See also, article entitled “Breach of Promise,” rappearing in 18 Central Law Journal, page 441. While
Certainly, under the facts disclosed by the record, a recovery of $500.00 is not to be considered excessive. True, it was not shown on the trial that the plaintiff had sustained any items of special or purely monetary damages; but she was nevertheless entitled to full compensation for the pain, mortification and wounded feelings suffered by her in con- ■ sequence of the dishonorable and wholly inexcusable conduct of .the defendant. His position before this court that, the action being merely for a breach of contract, the plaintiff could recover only special damages, and none of a more remote or consequential character, does not seem tenable, tested even by the ordinary rules governing the recovery in actions ex contractu. Our code (§3073) expressly declares that “Damages which are the legal and natural result of the act done, though contingent to some extent, are not too remote to be recovered. But damages traceable to the act, but not its legal or material consequence, are-too remote and contingent.” This rule is not confined to actions arising ex delicto, nor is it without qualification, as ■ is shown by the succeeding section, which provides: “If, however, the tort is committed, or the contract broken, or the duty omitted, with a knowledge and for the purpose of."
~We are absolutely certain that the ordinary rules which generally control the recovery in cases involving a breach of contract do not apply to a case like the one now under consideration. “In actions for breach of promise of mar
The charge of the court in the present case was entirely in accord with the law as above announced, and affords no just cause of complaint to the plaintiff in error. It certainly was as favorable to him as he had any right to expect; and, guided and controlled thereby, the jury arrived .at a moderate and most righteous verdict.
The foregoing discussion sufficiently covers and disposes of all questions presented for our decision. The case appears to have been regularly and legally conducted in the trial court. Though then afforded an ample opportunity to be heard, the defendant offered in his defense not a single fact or circumstance of justification or mitigation. He now presents himself before this court, not as one asserting his innocence of the wrong charged against him, but in the attitude of one who, acknowledging the wanton injury done the plaintiff, relies solely upon the assertion of his mistaken belief that the law is powerless to call him to account. So far as is possible, the wrongs suffered by the plaintiff have been rightly redressed; and neither law nor common justice suggests any reason why the case should undergo another investigation. Judgment affirmed,.