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WADDEY v. DAVIS

57190.

149 Ga. App. 308 (1979)

254 S.E.2d 465

WADDEY v. DAVIS et al.

Court of Appeals of Georgia.

Decided March 13, 1979.

Attorney(s) appearing for the Case

Hull, Towill, Norman, Barrett & Johnson, David E. Hudson, for appellant.

Martin, Snow, Grant & Napier, George C. Grant, Landau & Davis, Edmund A. Landau, Jr., Perry, Walters, Lippitt & Custer, Jesse W. Walters, Burt, Burt & Rentz, Don Rentz, Reinhardt, Whitley & Sims, Glenn Whitley, for appellees.

DEEN, Chief Judge.

1. We agree with the appellee that the third party complaint against him is based primarily upon the breach of an oral contract, the statute of limitation for which is four years from the time of the breach. Code § 3-706; Benton v. Roberts, 35 Ga.App. 749 (3) (134 SE 846) (1926). The breach of the duty, not the time the special damage results, is the beginning period for the right of action. Riser v. Livsey,

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