Kelly v. Georgia Casualty & Surety Co.

Bell, Judge.

The defendant’s general demurrer, which was overruled, contended that the petition, as amended, did not set forth a cause of action. After the renewal of the demurrer, the petition was again amended but not so as to change materially the cause of action. Thus the overruling of the original renewed general demurrer continued in effect. Code § 81-1312.

The petition, as amended, contains irreconcilable conflicts in the charges as to' what representations were made by the defendant, which are the basis of this action in tort for deceit. Thus, paragraph 34 of the petition charges “that…