Lastinger v. City of Adel, 26 S.E.2d 158 (Ga. Ct. App. 1943). · Go Syfert
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Lastinger v. City of Adel, 26 S.E.2d 158 (Ga. Ct. App. 1943). Cases Citing This Book View Copy Cite
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cited 3× by 3 distinct cases, last quoted 1990 · …an injured party can not be placed in a better position than he would have been in if the contract had not been breached. at p. 536 ✓
22 citation events (2 in the last 25 years) across 3 distinct courts.
Strongest positive: Acrylicon USA, LLC v. Silikal GMBH (ca11, 2021-01-26)
Treatment trajectory · 1951 → 2026 · click a year to view as-of
1951 1988 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
discussed Cited as authority (rule) Acrylicon USA, LLC v. Silikal GMBH
11th Cir. · 2021 · confidence medium
This statement does not support AC-USA’s broad argument that disgorgement is an appropriate remedy for intentional breaches of contract. 36 USCA11 Case: 17-15737 Date Filed: 01/26/2021 Page: 37 of 43 that the remedy is precluded by the traditional contract-law principle that damages should put the injured party in the position he would be in had the contract been performed.44 See Lastinger v. City of Adel, 26 S.E.2d 158, 159 (Ga. Ct. App. 1943); see also E.
discussed Cited as authority (rule) Acrylicon USA, LLC v. Silikal GMBH
11th Cir. · 2021 · confidence medium
This statement does not support AC-USA’s broad argument that disgorgement is an appropriate remedy for intentional breaches of contract. 37 USCA11 Case: 17-15737 Date Filed: 01/26/2021 Page: 38 of 44 that the remedy is precluded by the traditional contract-law principle that damages should put the injured party in the position he would be in had the contract been performed.44 See Lastinger v. City of Adel, 26 S.E.2d 158, 159 (Ga. Ct. App. 1943); see also E.
discussed Cited as authority (rule) Citizens Bank & Trust Co. v. Saunders, Stuckey & Mullis, Inc.
Ga. Ct. App. · 1994 · confidence medium
(Cits.)’ Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ) (1943).” England v. Ga.-Fla. Co., 198 Ga. App. 704, 705 (2), 706, supra. Accordingly, it is my view that a grant of partial summary judgment as to the $460,000 would have been correct for the reason given by the trial court.
discussed Cited as authority (rule) England v. Georgia-Florida Co.
Ga. Ct. App. · 1991 · confidence medium
To the extent that appellee may have incurred expenses or losses which would not be covered under the “same coverage” as that provided by the expired policy, those expenses or losses are in no way traceable or attributable to appellants’ alleged negligence or breach of contract in having failed to secure that “same coverage.” “Whether such damages as are here sued for arise by reason of a tort or the breach of a contract, they are given to the injured party as compensation for the injury sustained. [Cits.] An injured party can not be placed in a better position than he would have b…
discussed Cited as authority (rule) Webb v. Hancock Plumbing & Heating Co.
Ga. Ct. App. · 1990 · confidence medium
“An injured party can not be placed in a better position than he would have been in if the contract had not been breached.” Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ) (1943); Crawford & Assoc. v. Groves-Keen, 127 Ga. App. 646, 650 (1) ( 194 SE2d 499 ) (1972).
cited Cited as authority (rule) General Warranty Corp. Insurance Agents v. Cameron-Hogan, Inc.
Ga. Ct. App. · 1987 · confidence medium
“An injured party can not be placed in a better position than he would have been in if the contract had not been breached.” Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ).
discussed Cited as authority (rule) Menchio v. Rymer (2×)
Ga. Ct. App. · 1986 · confidence medium
The majority would sacrifice the first principle or make an exception to the damages principles that a plaintiff is entitled to full compensation whether it be for contract breach or for tort (OCGA §§ 51-12-4; 13-6-1; Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ) (1943)).
discussed Cited as authority (rule) Gainesville Glass Co. v. Don Hammond, Inc.
Ga. Ct. App. · 1981 · confidence medium
Damages are given as compensation for the injury sustained and “ [a]n injured party can not be placed in a better position than he would have been in if the contract had not been breached.” Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ) (1943).
cited Cited as authority (rule) Crawford & Associates, Inc. v. Groves-Keen, Inc.
Ga. Ct. App. · 1972 · confidence medium
"An injured party can not be placed in a better position than he would have been in if the contract had not been breached.” Lastinger v. City of Adel, 69 Ga. App. 535, 536 ( 26 SE2d 158 ).
discussed Cited "see" Stewart v. Western Union Telegraph Co. (2×)
Ga. Ct. App. · 1951 · signal: see · confidence high
See Lastinger v. City of Adel, 69 Ga. App. 535 ( 26 S. E. 2d, 158 ).
Retrieving the full opinion text from the archive…
Lastinger
v.
City of Adel.
30092..
Court of Appeals of Georgia.
Jun 12, 1943.
26 S.E.2d 158
1943 Ga. App. LEXIS 131
Robert R. Forrester, Elsie H. Griner, for plaintiff. Franklin Eberhardt, for defendant.
Felton, Stephens, Sutton.
Cited by 12 opinions  |  Published
Felton, J.

C. I. Lastinger- sued the City of Adel for breach of contract in failing to fill certain excavations which had been illegally made by the city on the plaintiff’s land, alleging that he was damaged $5000, the cost of filling as agreed by the city. The city demurred on the ground that the petition alleged a wrong measure of damages, and that the correct-measure was as is stated in the headnote and opinion. The court sustained the demurrer after giving the plaintiff an opportunity to amend his petition as to the measure of damages, and dismissed the action. The plaintiff excepted.

The only question for determination is whether the measure of damages for a breach of the contract is the difference between the market value of the land with the excavations unfilled and the value if the contract had not been breached, or whether it is the reasonable cost of filling in the land in the manner provided in the contract. Whether such damages as are here sued for arise by reason of a tort or the breach of a contract, they are given to the injured party as compensation for the injury sustained. Code, §§ 20-1402, 105-2001. An injured party can not be' placed in a better position than he would have been in if the contract had not been breached. 25 C. J. S. 566, § 74; 15 Am. Jur. 442, § 43. The plaintiff concedes that if the city had been sued for a tort in unlawfully excavating the land, the measure of damages would be the difference in the market value before and after the excavation. Since there is no allegation that the plaintiff filled the excavation as the city agreed to do, we can see no reason why the plaintiff’s damage is different for a breach of the contract from what it was for the illegal excavation. The cost of filling in the land does not necessarily have relation to or illustrate the damage. It may be that filling in land worth $500 would cost $5000. In such cases it would be contrary to the avowed policy of the law to enrich the injured party beyond the actual damage suffered by him. While there is not absolute uniformity in the decisions from other States, we are clear that in Georgia the measure of damages is the difference in the market value of the land as it is and the[*537] value it would have if the contract had been performed. City Council of Augusta v. Mertins, 46 Ga. App. 711 (168 S. E. 924); Atkinson v. Kreis, 140 Ga. 52 (2) (78 S. E. 465); Loewenthal v. Georgia Coast & Piedmont R., 265 Fed. 961 (2). See Clarke v. Aiken, 276 Fed. 21; 6 Page on Contracts, 5659, § 3215; Sandy Valley & Elkhorn Ry. Co. v. Hughes, 181 Ky. 558 (205 S. W. 607); Belt v. Washington Water-Power Co., 24 Wash. 387 (64 Pac. 525); Bigham v. Wabash-Pittsburgh Terminal Ry. Co., 223 Pa. 106 (72 Atl. 318); Brown v. Mostoller, 167 Iowa, 568 (149 N. W. 908); Iowa-Minnesota Land Co. v. Conner, 136 Iowa, 674 (112 N. W. 820).

In the absence of an amendment alleging the correct measure of damages when opportunity to do so was afforded, the court did not err in sustaining the demurrer pointing to the failure to allege the proper measure of damages, and in dismissing the action. ■

Judgment affirmed.

Stephens, P. J., and Sutton, J., concur.