Ready-Mix Concrete Co. v. Rape

98 Ga. App. 503 (1958)

106 S.E.2d 429

READY-MIX CONCRETE COMPANY

v.

RAPE; and vice versa.

37244, 37245.

Court of Appeals of Georgia.

Decided October 16, 1958.

Rehearing Denied November 4, 1958.

Matthews, Maddox, Walton & Smith, John W. Maddox, for plaintiff in error.

Dudley B. Magruder, Jr., Wright, Rogers, Magruder & Hoyt, contra.

QUILLIAN, Judge.

1. The defendant contends that the petition failed to set forth a cause of action because an action for exemplary damages cannot be combined in the same count of a petition. With this contention we do not agree. Wrongful damage to real property caused by a…