Dannelly v. Cuthbert Oil Co.
Supreme Court of Georgia
Action for damages. Before Judge Eoan. Randolph superior court. November 6, 1907. The plaintiff brought suit for damages against the defendant, on account of personal injuries received on November 9, 1905, while in its employment. The defendant filed an answer and pleaded an accord and satisfaction, besides filing a. demurrer to tbe original petition and demurrers to some of tbe allegations in the amendments thereto.
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Action for damages. Before Judge Eoan. Randolph superior court. November 6, 1907. The plaintiff brought suit for damages against the defendant, on account of personal injuries received on November 9, 1905, while in its employment. The defendant filed an answer and pleaded an accord and satisfaction, besides filing a. demurrer to tbe original petition and demurrers to some of tbe allegations in the amendments thereto. In the amendments filed by the plaintiff he sought to reform the writing given by him to the defendant and pleaded by it as an accord and satisfaction of the plaintiff’s claim…
1Opinion of the CourtHolden, J.
(After stating the facts.)
The court-did not dismiss the petition because no cause of action was set forth, but because the plaintiff did not restore or offer to restore the $100. The defendant demurred to the plaintiff’s prayer for reformation, on the ground that the allegations made did not warrant the prayer, and that the prayer was virtually asking that the release pleaded by the defendant be rescinded; and contends that the court did right in requiring the restoration of the $100 by the plaintiff. The plaintiff filed other special demurrers to the allegations on *697which, reformation was…
2Cases cited16 opinions
- Hansford v. FreemanSupreme Court of Georgia · 1896
- Long v. ScanlanSupreme Court of Georgia · 1898
- Georgia Medicine Co. v. Hyman & Co.Supreme Court of Georgia · 1903
- Reese v. WymanSupreme Court of Georgia · 1851
- Gore v. Malsby & Co.Supreme Court of Georgia · 1900
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3Cited by14 opinions
- Weaver v. RobersonSupreme Court of Georgia · 1910
- Welch v. WelchSupreme Court of Arkansas · 1918
- Jones v. HogansSupreme Court of Georgia · 1944
- Wheat v. MontgomeryCourt of Appeals of Georgia · 1973
- Ferrell v. WightSupreme Court of Georgia · 1938
9 more not listed; retrieve them via the Exa API.