Wilensky Leather Co. v. Buley
Court of Appeals of Georgia
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
- Keith v. DarbyCourt of Appeals of Georgia · 1961
- Southern Express Co. v. CowanCourt of Appeals of Georgia · 1913
- Kennedy v. AyersSupreme Court of Georgia · 1928
- Mutual Benefit Life Insurance v. DriskalSupreme Court of Georgia · 1919
- Kilgore v. Gulf Oil CorporationCourt of Appeals of Georgia · 1960
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