McDuffie v. Argroves

11 Citing cases

  1. Asian Sq. v. Cuong

    238 Ga. App. 165 (Ga. Ct. App. 1999)   Cited 18 times

    In construing a contract, courts must give words their usual and common meaning. OCGA ยง 13-2-2(2); McDuffie v. Argroves, 230 Ga. App. 723, 725(2) ( 497 S.E.2d 5) (1998). In general usage, the term "N/A" is a shorthand form of the phrase "not applicable.

  2. Department of Transp. v. Meadow Trace, Inc.

    274 Ga. App. 267 (Ga. Ct. App. 2005)   Cited 11 times

    The trial court did not err in determining that the language of the deed conveying the right of access to "approaches" to I-985 did not convey the right of access to Highway 129. OCGA ยง 13-2-2 (2); McDuffie v. Argroves, 230 Ga. App. 723, 725 (2) ( 497 SE2d 5) (1998).McDuffie, supra.

  3. Hardwick v. Williams

    265 Ga. App. 752 (Ga. Ct. App. 2004)   Cited 5 times

    OCGA ยงยง 13-6-10, 51-12-5.1; Trust Co. Bank v. C S Trust Co., 260 Ga. 124, 126(1) ( 390 S.E.2d 589) (1990); McDuffie v. Argroves, 230 Ga. App. 723, 726(3) ( 497 S.E.2d 5) (1998).Judgment affirmed.

  4. Martin v. the Servicemaster Co.

    252 Ga. App. 751 (Ga. Ct. App. 2001)   Cited 57 times
    Holding that the plaintiff's allegations "do not authorize a remedy over and above that to which [the plaintiff] is entitled as a result of the breach of contract" because the duty breached by the defendant "was imposed solely by the written employment contract, and not by any recognized independent duty under tort or other provision of law."

    ServiceMaster's motion to dismiss and related motions should have been granted as to Martin's claim for punitive damages. Trust Co. Bank v. C S Trust Co., 260 Ga. 124, 126 (1) ( 390 S.E.2d 589) (1990); McDuffie v. Argroves, 230 Ga. App. 723, 726 (3) ( 497 S.E.2d 5) (1998).Drug Emporium v. Peaks, 227 Ga. App. 121, 128 (2) (c) ( 488 S.E.2d 500) (1997).

  5. Baird v. Kelley

    551 S.E.2d 810 (Ga. Ct. App. 2001)

    There was no representation in the lease that the premises were suitable or fit for use as a retail antique mall and flea market. Compare McDuffie v. Argroves, 230 Ga. App. 723, 725 (2) ( 497 S.E.2d 5) (1998). Baird was aware of the condition of the property when he entered into the lease, yet he did not contract for any obligation on the part of the landlords to make the space suitable for use by the public as a retail space.

  6. Legg v. Stovall Tire & Marine, Inc.

    245 Ga. App. 594 (Ga. Ct. App. 2000)   Cited 24 times

    In ruling on a motion for summary judgment, the court should give the nonmoving party the benefit of all reasonable doubt and should construe the evidence and all inferences and conclusions therefrom most favorably toward the nonmoving party. McDuffie v. Argroves, 230 Ga. App. 723, 724 (1) ( 497 S.E.2d 5) (1998). The agreement provided that Legg would place the boat "on consignment" with Stovall Marine for a period of 90 days and that, if Stovall Marine sold the boat, it would pay Legg $91,500. Paragraph Five of the agreement stated that Stovall Marine would receive a fifteen percent commission if Legg sold the boat during the 90 day period without Stovall Marine's help: "During the consignment period stated above Stovall Tire Marine, Inc. is rendering a valuable service and shall receive 15% of the gross sales price as commission if the sale is originated from parties other than Stovall.

  7. Wynn v. Arias

    242 Ga. App. 712 (Ga. Ct. App. 2000)   Cited 15 times

    Therefore, API was entitled to summary judgment on the issue of punitive damages. See Trust Co. Bank v. C S Trust Co., 260 Ga. 124, 126(1)(b) ( 390 S.E.2d 589) (1990); McDuffie v. Argroves, 230 Ga. App. 723, 726(3) ( 497 S.E.2d 5) (1998). Case No. A99A2276

  8. Bell v. Sasser

    238 Ga. App. 843 (Ga. Ct. App. 1999)   Cited 21 times
    Finding that although claim was pled as fraud, it appeared to be one for breach of contract and would be analyzed as such on appeal

    We review the grant or denial of a motion for summary judgment de novo, construing the evidence and all reasonable inferences therefrom in the light most favorable to the nonmovant. McDuffie v. Argroves, 230 Ga. App. 723, 724 (1) ( 497 S.E.2d 5) (1998). "[A] grant of summary judgment must be affirmed if it is right for any reason."

  9. Franklin v. UAP/GA. AG. Chem., Inc.

    237 Ga. App. 71 (Ga. Ct. App. 1999)   Cited 9 times

    When reviewing summary judgments, we must construe the evidence and all inferences most favorably toward the non-movant. McDuffie v. Argroves, 230 Ga. App. 723, 724 (1) ( 497 S.E.2d 5) (1996). In this case, the parties vigorously contested whether UAP extended credit to Sam Franklin through the R. D. Franklin account with the understanding that Sam would pay for the charges incurred.

  10. Worsham v. Provident Companies, Inc.

    249 F. Supp. 2d 1325 (N.D. Ga. 2002)   Cited 27 times
    Granting summary judgment on tortious interference claim

    Furthermore, it is well settled that punitive damages are not available in breach of contract claims. Trust Co. Bank v. C S Trust Co., 260 Ga. 124, 126, 390 S.E.2d 589 (1990); McDuffie v. Argroves, 230 Ga.App. 723, 726, 497 S.E.2d 5 (1998). Although Plaintiffs prayer for relief requested an award of punitive damages, because the only remaining claim in this case is a claim for breach of insurance contract under O.C.G.A. ยง 33-4-6, Plaintiff is not entitled to recover punitive damages.