McIntosh v. MARVIN M. BLACK COMPANY

Felton, Chief Judge.

1. An action brought by the assignee of a written contract in its own name must affirmatively show that the transfer or assignment was in writing in order to withstand a proper demurrer. Foster v. Sutlive, 110 Ga. 297 (34 SE 1037); Thornton v. Reeve, 41 Ga. App. 446 (153 SE 436); Alropa Corp. v. Richardson, 58 Ga. App. 656, 657 (199 SE 666); Fenner & Beane v. Nelson, 64 Ga. App. 600, 607 (13 SE2d 694). Accordingly, where the sole allegation as to the assignment of the contract sued on was that the action was brought by “Marvin M. Black Company as asignee [sic] of Marvin M.…