25 Ga. App. 809 | Ga. Ct. App. | 1920
1. Where one’s property is taken, injured, or put in jeopardy by another’s neglect of duty imposed by- contract, or by his wrongful act, any necessary expenses incurred for its recovery, repair, or protection are elements of the injury. 1 Suth. Damages, 106, 140. Hie plaintiff in this case having alleged that the items of damage enumerated were incurred by him on account of the bad faith and fraudulent conduct of defendant, the petition set out a good cause of action. Traders Insurance Co. v. Mann, 118 Ga. 381, 384 (45 S. E. 426).
2. A tort is a legal wrong committed upon the person or property of
4. Under the rules stated above, the court did not err in overruling the demurrer as to the last item of damages sued for, but did err in sustaining the demurrer to the other items embraced in the suit.
Judgment on main bill of exceptions affirmed; on cross-bill reversed.