City of Summerville v. Sellers

City of Summerville v. Sellers, 61 S.E.2d 160 (Ga. Ct. App. 1950)

Court: Court of Appeals of Georgia · State Appellate Courts
Decided: September 14, 1950
Docket: No. 33148
Judges: Felton, Sutton, Worrill
Citations: 61 S.E.2d 16082 Ga. App. 3611950 Ga. App. LEXIS 1110

Cited by 7

Opinion — Felton

Felton, J.

This is a petition for a declaratory judgment wherein the plaintiff requests an adjudication of his rights under an alleged contract with the defendant. The only question in the case is whether the defendant is liable to the plaintiff for a breach of contract. The action, under the decisions of the Supreme Court and this court, clearly does not lie because there is no reason why a simple action for breach of contract will not give full and complete relief. The mere existence of a controversy does not give rise to an action for a declaratory judgment. While likewise the mere existence of another remedy will not necessarily preclude the action, the petition in this case lacks the essential ingredient of an alleged necessity for an adjudication to guide and protect the plaintiff from uncertainty and insecurity with respect to future conduct.

Mayor &c. of Athens v. Gerdine, 202 Ga.

197 ( 42 S. E. 2d, 567 );

Consolidated Quarries Corp.

v. Davidson, 79

Ga. App.

248 ( 53 S. E. 2d, 231 ). The action must be dismissed without prejudice to any future action by the plaintiff for a breach of contract if he should desire to bring one.

The court erred in overruling the general demurrer to the petition.

Judgment reversed.

Sutton, C.J., and Worrill, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 7 cases

View all citing references →

State Appellate Courts7

Relies on it most ⓘ

Empire Fire & Marine Insurance v. Metro Courier Corp.507 S.E.2d 525 (Ga. Ct. App. 1998)
Pinnacle Benning, LLC v. Clark Realty Capital, LLC724 S.E.2d 894 (Ga. Ct. App. 2012)
Nations v. Ramsey387 S.W.2d 276 (Mo. Ct. App. 1965)
Bankers Life & Casualty Co. v. Cravey82 S.E.2d 150 (Ga. Ct. App. 1954)
Savannah Theatres Co. v. First Federal Savings & Loan Ass'n92 S.E.2d 217 (Ga. Ct. App. 1956)
Braddy v. Morgan Oil Co.358 S.E.2d 305 (Ga. Ct. App. 1987)

Most recent

Pinnacle Benning, LLC v. Clark Realty Capital, LLC724 S.E.2d 894 (Ga. Ct. App. 2012)
Empire Fire & Marine Insurance v. Metro Courier Corp.507 S.E.2d 525 (Ga. Ct. App. 1998)
Solid Rock Baptist Church, Inc. v. Freight Terminals, Inc.361 S.E.2d 200 (Ga. Ct. App. 1987)
Braddy v. Morgan Oil Co.358 S.E.2d 305 (Ga. Ct. App. 1987)
Nations v. Ramsey387 S.W.2d 276 (Mo. Ct. App. 1965)
Savannah Theatres Co. v. First Federal Savings & Loan Ass'n92 S.E.2d 217 (Ga. Ct. App. 1956)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Mayor of Athens v. Gerdine, 42 S.E.2d 567 (Ga. 1947)	36
	Consol. Quarries Corp. v. Davidson, 53 S.E.2d 231 (Ga. Ct. App. 1949)	8

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