Since the petition failed to show what damages, if any, the plaintiff suffered by reason of the alleged breach of contract, the petition was subject to general demurrer, and the court did not err in sustaining such demurrer and in dismissing the action.

Grady Baker sued Cunard Mills, Incorporated, for damages for an alleged breach of contract. The plaintiff alleged: that he is a minority stockholder of the defendant company and owns ten shares of stock in the company; that on August 1, 1947, there were 200 shares of stock of the defendant, 50 shares being owned by W. J. Aldridge, 50 shares by J. H. Schoolfield, 50 shares by J. A. Mandeville, and 50 shares by the plaintiff; that on said date the four mentioned stockholders entered into an agreement with each other, they being the sole owners of the shares of stock of the corporation, providing for the sale of each stockholder's respective stock to the corporation provided they desired to sell the same, a copy of said agreement being attached to the petition as an exhibit; that, according to the terms of such agreement, the three stockholders, Schoolfield, Baker, and Mandeville, purchased an equal amount of the 50 shares of Aldridge's stock according to the terms of the agreement; that later the stock owned by Schoolfield, by agreement of the stockholders and with the consent of the corporation, was sold to J. A. Mandeville; that, prior to the sale of Schoolfield's stock, the plaintiff sold all of the shares of his stock except the 10 shares which he now holds, and the same was carried on the books of the corporation as treasury stock, according to the terms of the agreement; that later J. H. Schoolfield, according to the terms of the contract, offered his shares of stock for sale to the corporation and, by agreement of all the stockholders and with the consent of the corporation, sold his 66 shares of stock to Mandeville, now president of the corporation; that, according to the terms of the agreement, the plaintiff, on February 15, 1953, notified Mandeville, president of the corporation, that he desired to sell his stock in the corporation to the corporation in the manner set out in the agreement; that, according to the price to be arrived at by the agreement, the plaintiff's 10 shares of stock were worth $2,528 at the time offered for sale to the corporation; that the defendant has failed and refused to comply with the agreement; that the defendant, after deducting the amount due it, is now indebted to the plaintiff in the amount of $2,000.12, plus interest from April 1, 1953; that the plaintiff has made numerous attempts to get the defendant to comply with the terms of the agreement, but the defendant has utterly failed and refused to comply with the terms thereof; that, at the time he notified the defendant of his desire to sell his stock, the plaintiff was indebted to the defendant in the sum of $527.88; that the plaintiff "is ready, willing and desirous to assign his stock in defendant corporation at such time as defendant is required to perform his part of the agreement." The prayer was for a judgment of $2,000.12, plus interest and costs of court.

The defendant's general demurrer was sustained and the action dismissed, and the plaintiff excepts.

The court did not err in sustaining the general demurrer and in dismissing the action. Except for the prayers the petition sounds in specific performance of the contract, but in the prayers no equitable relief is sought. The prayer is for $2,000.12, the alleged agreed value of the stock minus credit in the amount of $527.88, which the plaintiff owes the defendant. Properly construed, the action is one for damages for breach of contract.

Code 96-113 applies to sales of corporate stock. Herrmann & Henican v. DeLaPerriere, 47 Ga. App. 541, 542 (171 S. E. 232). That section gives a seller an option of remedies in case of the default of the purchaser: (1) he may retain the goods and recover the difference between the contract price and the market price at the time and place of delivery; or (2) he may sell the property, acting for this purpose as agent of the vendee, and recover the difference between the contract price and the price on resale; or (3) he may store or retain the property for the vendee and sue him for the entire price. In the instant case the plaintiff alleged that "he has been and still is ready, willing and desirous to assign his stock in defendant corporation at such time as defendant is required to perform his part of the agreement." (Emphasis supplied.) Properly construed, this allegation means that the plaintiff retained the stock as his own and not as the property of the defendant corporation. This leaves the case standing under the first option set out in Code 96-113, and in such case the plaintiff's measure of damages is the difference between the contract price and the market value of the stock at the time and place of delivery. DeLaPerriere v. Herrmann, 41 Ga. App. 60 (4) (151 S. E. 813). Nowhere in the petition does the plaintiff show the market value of the stock at the time and place of delivery. Since the petition does not show what damage, if any, the plaintiff suffered because of the breach, it was subject to general demurrer.

It is not necessary to consider the other reasons urged why the general demurrer was properly sustained.

The court did not err in sustaining the general demurrer and in dismissing the action.

Judgment affirmed. Quillian and Nichols, JJ., concur.