McClain v. Harveston

Full title: McCLAIN v. HARVESTON

Court: Court of Appeals of Georgia

Date published: Nov 19, 1979

152 Ga. App. 422 (Ga. Ct. App. 1979)

263 S.E.2d 228

Opinion

58277.

ARGUED SEPTEMBER 10, 1979.

DECIDED NOVEMBER 19, 1979.

Breach of contract. Richmond Civil Court. Before Judge Mixon.

J. Samuel Choate, Jr., for appellant.

Maurice Steinberg, for appellee.

SMITH, Judge.

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 S.E.2d 123) (1977). See Long v. Jim Letts Oldsmobile, 135 Ga. App. 293 (2) ( 217 S.E.2d 602) (1975).

Judgment affirmed. Quillian, P. J., and Birdsong, J., concur.

SMITH, Judge.

ARGUED SEPTEMBER 10, 1979 — DECIDED NOVEMBER 19, 1979.