Hewitt Contracting Co. v. State Highway Department

Nichols, Presiding Judge.

The defendant correctly concedes that the ground of demurrer wherein the question of governmental immunity was raised was without merit. Therefore, the trial court erred in sustaining this ground of general demurrer. See State Hwy. Dept. v. W. L. Cobb Constr. Co., 111 Ga. App. 822 (1) (143 SE2d 500).

It is contended that there was a nonjoinder of parties plaintiff inasmuch as the contract was between the State Highway Department as one party and Hewitt Contracting Company and Sowega Contracting Company as the other parties while the sole plaintiff named in the petition…