McWhirter Material Handling Co. v. Georgia Paper Stock Co.

Pannell, Judge.

This is an appeal by two of the defendants in the lower court, McWhirter Material Handling Company, Inc. and Travelers Insurance Company, its surety, based on an order of the trial court on January 22, 1968, overruling their motions to dismiss for failure to state a claim and for judgment on the pleadings, and reserving any ruling on motions to strike various allegations of the plaintiff, Georgia Paper Stock Company, Inc. A third defendant, DeKalb County, is a nominal appellee. The action is based on the alleged breach of two contracts, one between the plaintiff and the county…