Green v. Morris
Green v. Morris
Opinion of the Court
Green sued Morris for damages for breach of contract. The substance of the petition now material was as follows: Plaintiff, defendant, and another person, who was the inventor and owner of a device for the construction of automobiles, but who was without financial means of placing the same on the market, entered into a parol agreement to organize a corporation capitalized at $100,000, for the purpose of the manufacture, sale, etc., of automobiles, and doing a general automobile business. Under the agreement, each of the three parties was to receive $17,000 worth of stock, and the plaintiff and defendant were to furnish the money for the purpose of organizing the corporation and placing the automobiles on the market. A charter was to be applied for and the corporation organized at once. Plaintiff, “relying and acting on the terms of the contract as above set forth,” spent several weeks traveling about, endeavoring to interest the public in the proposed corporation, and succeeded in getting a number of persons interested therein, who were ready and willing to take stock in the
It does not appear that plaintiff paid anything towards organizing the corporation and placing the automobiles on the market, although under the terms of the contract he and the defendant were to furnish the money for such purpose. Indeed, it appears from the petition that plaintiff and defendant were without sufficient funds to successfully organize and operate the contemplated corporation. The petition alleges, that, in order to raise funds for the purpose of organizing the corporation, plaintiff sold half of his interest therein to one who owned stock in another corporation,
The suit was for damages in the sum of $13,750, which sum was evidently made up of the $5,000 which plaintiff alleged he lost by reason of the defendant breaking up the trade by which plaintiff was to obtain $5,000 worth of stock in another company, and the amount of $8,500 which was the value of half of the $17,000 of stock which plaintiff was to have in the business to be incorporated, which half-interest he would retain after paying for the $5,000 worth of such other stock. As we have already intimated, the plaintiff was not entitled to recover for such damages; nor was he entitled to recover nominal damages, for the reason that neither nominal damages nor general damages were sought to be recovered. Hadden v. Southern Messenger Service, 135 Ga. 372 (69 S. E. 480). It follows that the court did not err in dismissing the petition on general demurrer.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.