Opinion
53050.
SUBMITTED NOVEMBER 2, 1976.
DECIDED NOVEMBER 12, 1976.
Action on contract. Floyd Superior Court. Before Judge Frazier.
Ronald L. Davis, for appellants.
Edward F. Hunt, for appellee.
The appellant, plaintiff below, filed suit against the defendant generally alleging that it "is a corporation doing business in Floyd County, Georgia, and is subject to the jurisdiction of the Honorable Court." The suit was for breach of contract. The appellee made a special appearance and motion to dismiss. This motion was granted and this appeal was taken.
SUBMITTED NOVEMBER 2, 1976 — DECIDED NOVEMBER 12, 1976.
Code Ann. § 81A-108 (a) requires an original complaint to contain facts upon which the court's venue depends. As a general rule a corporation must generally be sued in the county of its principal office or place of business. Code Ann. § 2-4906. The complaint here does not allege that Floyd county is the appellee's principal place of business. Code Ann/§ 22-404 (c) authorizes venue in suits against corporations an contracts in that county in which the contract was made or is to be performed if it has an office and transacts business in Floyd County and the appellee admits it has an office there; however, there is no allegation that the contract upon which suit is brought was made there or is to be performed there.
Since Code Ann. § 81A-108 (a) requires a complaint to contain facts upon which the court's venue depends and the appellee has challenged these facts by motion and it appears from the face of the complaint that the facts are insufficient to establish venue in Floyd County, the judgment of dismissal is affirmed.
Judgment affirmed. Webb and Smith, JJ., concur.