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WASHBURN STORAGE COMPANY v. ELLIOTT

36013, 36014.

93 Ga. App. 456 (1956)

92 S.E.2d 28

WASHBURN STORAGE COMPANY v. ELLIOTT. WASHBURN STORAGE COMPANY v. ELLIOTT, for use, etc., et al.

Court of Appeals of Georgia.

Rehearing Denied February 3, 1956.

Attorney(s) appearing for the Case

Smith, Field, Doremus & Ringel, James L. Flemister, for plaintiff in error.

Northcutt & Edwards, W. S. Northcutt, Edwin R. Johnston, contra.

TOWNSEND, J.

1. While an action in tort may arise from the negligent omission or violation of a duty created by contract, nevertheless, where no negligence is alleged and the breach complained of is nothing more than the failure of the defendant to perform an obligation constituting one of the terms of the contract, such action must be construed as being ex contractu. Atlanta Gas Light Co. v. Newman, 88 Ga.App. 252

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