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Lawskills.com Georgia Caselaw
McCLAIN v. HARVESTON.
58277.
SMITH, Judge.
Breach of contract. Richmond Civil Court. Before Judge Mixon.
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.
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).
Maurice Steinberg, for appellee.
J. Samuel Choate, Jr., for appellant.
ARGUED SEPTEMBER 10, 1979 -- DECIDED NOVEMBER 19, 1979.
Friday May 22 02:50 EDT


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