Woodall v. Orkin Exterminating Co.

Pope, Judge.

“Termite case.” Plaintiff homeowner, Mrs. M. L. Woodall, filed a two-count complaint against Orkin Exterminating Company, Inc., alleging breach of contract and fraud and seeking damages resulting from termite infestation of the carport or garage area of her house. Following discovery, Orkin moved for and was granted partial summary judgment as to plaintiff’s fraud claim. This ruling was made a final judgment pursuant to OCGA § 9-11-54 (b), and plaintiff brings this appeal therefrom.

Count I of plaintiff’s complaint sounds in contract and alleges that the parties entered into a…