John Smith Co. v. Ashley

Candler, Justice.

Mrs. Edna C. Ashley and Leon P. Ashley, Sr. filed a suit in the Superior Court of Fulton County against John Smith Company and General Motors Acceptance Corporation in which they prayed for damages, specific performance of a contract, the cancellation of another contract and other relief. A special demurrer interposed by the defendant General Motors Acceptance Corporation was sustained and the petition was dismissed as to it. There is no exception to this judgment.

John Smith Company interposed both general and special demurrers to the original petition. One ground of its…