Smith v. Bank of Acworth

Nichols, Presiding Judge.

James P. Smith, Jr., filed the present action to recover damages allegedly accruing as a result of a contract entered into by the plaintiff with the defendant, the Bank of Acworth. Defendant filed a plea of res adjudicata based upon a prior action filed by the plaintiff seeking specific performance of a contract arising out of the same transaction involved in the present litigation, in which prior action a general demurrer was sustained. On appeal the judgment of the trial court in the prior action was affirmed because the petition failed to allege tender. See Smith…