Legal Opinion

Wilensky Leather Co. v. Buley

Court of Appeals of Georgia

Decided February 18, 1963No. 39971Published

1Opinion of the Court

Russell, Judge.

1. Where a bill of particulars is the foundation of an action on open account, failure to attach a proper itemization of the account is the subject of special but not general demurrer; however, where the special- demurrer is sustained with leave to amend and no sufficient amendment is filed, the petition is then subject to dismissal. Code § 81-105; Southern Exp. Co. v. Cowan, 12 Ga. App. 318 (2) (77 SE 208).

2. It is well settled that a ledger sheet attached to a petition, which fails to show what type of merchandise or services *361is involved in the account sued on, and which…

2Cases cited6 opinions

  1. Keith v. DarbyCourt of Appeals of Georgia · 1961
  2. Southern Express Co. v. CowanCourt of Appeals of Georgia · 1913
  3. Kennedy v. AyersSupreme Court of Georgia · 1928
  4. Mutual Benefit Life Insurance v. DriskalSupreme Court of Georgia · 1919
  5. Kilgore v. Gulf Oil CorporationCourt of Appeals of Georgia · 1960

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