Summary
finding that the public policy of the state was contrary to limiting venue by contract.
Summary of this case from Peters v. Milton Hall Surgical Associates, L.L.C.Opinion
49524.
ARGUED JULY 1, 1974.
DECIDED SEPTEMBER 26, 1974.
Action on contract. Fulton Civil Court. Before Judge Fryer.
Lipshutz, Macey, Zusmann Sikes, H. William Cohen, Charles E. Lamkin, for appellant.
Davis, Matthews Quigley, Baxter L. Davis, King Spalding, for appellee.
Under that which was held in Fidelity Deposit Ins. Co. v. Gainesville Iron Works, 125 Ga. App. 829 ( 189 S.E.2d 130), a provision of a contract fixing the venue of an action on the contract as to future litigation is void as contrary to public policy. Relying on the Gainesville Iron Works case, the lower court judge was correct in holding that such a contract provision was unenforceable in the case sub judice.
The appellant contends that the Gainesville Iron Works case is distinguishable because in that case the court was dealing with surety bonds and the venue of that type action is governed by statute. We do not agree with this contention. The rationale of that case was not solely confined to the statute therein involved but was based on broad considerations of public policy against limiting venue by contract.
Judgment affirmed. Bell, C. J., and Clark, J., concur.