Baker v. Cunard Mills, Inc.
Baker v. Cunard Mills, Inc.
Opinion of the Court
The, court did not err in sustaining the general demurrer and in dismissing the action. Except for the prayers the petition sounds in specific performance of the contract, but in the prayers no equitable relief is sought. The prayer is for $2,000.12, the alleged agreed value of the stock minus credit in the amount of $527.88, which the plaintiff owes the defendant. Properly construed, the action is one for damages for breach of contract.
Code § 96-113 applies to sales of corporate stock. Herrmann & Henican v. DeLaPerriere, 47 Ga. App. 541, 542 (171 S. E. 232). That section gives a seller an option of remedies in case of the default of the purchaser: (1) he may retain the goods and recover the difference between the contract price and the market
It is not necessary to consider the other reasons urged why the general demurrer was properly sustained.
The court did not err in sustaining the general demurrer and in dismissing the action.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.