Gust v. Flint

356 S.E.2d 513 (1987)

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Nature of the Case

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Facts

Flint (P) responded to an ad that Gust (D) placed in a magazine of general circulation. P ordered a truck from the ad. P had to file suit alleging that the ad was fraudulent and that D converted his funds and breached the contract for the truck order. P filed in Georgia under their long-arm statute alleging that the placement of the ad in the magazine of general circulation was enough to bring D within the ambit of the long arm statute. D filed a motion to dismiss for lack of personal jurisdiction. D got the motion and P appealed. The court adopted the Illinois rule and held for P in the tortious actions but quashed the contract action as there was no act of general jurisdiction by advertising in a magazine of national circulation and such an act did not amount to purposeful conduct or business activity. D appealed.