Summerlot v. Crain-Daly Volkswagen, Inc.

Gunter, Justice.

This court granted an application for a writ of certiorari to review the decision of the Court of Appeals in Summerlot v. Crain-Daly Volkswagen, 138 Ga. App. 839 (227 SE2d 463) (1976).

The decision of the Court of Appeals rested primarily on a procedural ground,, and it was for this reason that this court granted the writ. The decision of the Court of Appeals referred to what applicant calls a "typographical error in the complaint” .an "admission in judicio” that estopped the plaintiff "from showing to the contrary.”

The applicant contends that Paragraphs 3,4, and 5 of Count 1…