Public-domain · open source
OpenJurist

152 Ga. App. 422

263 S.E.2d 228

McClain v. Harveston

Court of Appeals of Georgia

Decided November 19, 1979

Court of Appeals of Georgia · decided 1979-11-19

Relies on 135 Ga. App. 293 - Long v. Jim Letts Oldsmobile, Inc. · 141 Ga. App. 671 - Chrysler Corp. v. Taylor

Good law ✅— No negative treatment on recordhow we know

Decided 1979-11-19

How this case has been cited

Cited by 11 later decisions — most recently October 2006

7 state decisions

801979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Smith, Judge.

¶1 Appellant McClain contracted with appellee for the latter to build a house on appellant’s property. After appellee’s completion of the structure, the roof allegedly began to leak, and appellant brought this suit sounding in contract and negligence against appellee. Appellant expressly abandoned his contract claim in the trial court, and he appeals from that court’s grant of summary judgment on his negligence claim. We affirm.

¶2 The only recovery appellant sought was the cost of repairing or replacing his allegedly defective roof. Such a recovery is available only in a contract action. Appellant "simply sued for loss of the benefit of his bargain. Such damages are not recoverable in negligence.” Chrysler Corp. v. Taylor, 141 Ga. App. 671 (234 SE2d 123) (1977). See Long v. Jim Letts Oldsmobile, 135 Ga. App. 293 (2) (217 SE2d 602) (1975).

¶3 Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.
/152/gaapp/422 · .json · Public domain