Georgia MacHinery Company, Inc. v. Auburn MacHine Works, Inc.

Felton, Chief Judge.

1. In this action in the Civil Court of Fulton County the court did not err in sustaining the plaintiff’s demurrer to so much of the answer and counter-claim of the defendant as sought to set off an action ex delicto against the plaintiff’s action which was based on the breach of a contract, where the counter-claim sought not only to defeat the plaintiff’s claim but to obtain affirmative relief in addition thereto. Holloway v. Dorsey, 72 Ga. App. 1 (32 S. E. 2d 858); Overstreet v. Schulman, 77 Ga. App. 320 (48 S. E. 2d 474); Porter v. Davey Tree-Expert Co., 34 Ga. App. 355…