Hodges v. Cay Economy Plan, Inc.

Hall, Judge.

In the present case the defendants’ general demurrer to the petition was overruled and no exception was taken to such judgment. While the petition was thereafter amended, the amendment did not materially change the cause of action so as to open the same to demurrer. Davidson v. Consolidated Quarries Corp., 99 Ga. App. 359 (14) (108 SE2d 495); Johnson v. Ellington, 196 Ga. 846 (4) (28 SE2d 114). Therefore such judgment established the law of the case and unless such judgment is reversed the plaintiff is entitled to a verdict if the allegations of the petition are proved. Wilder v.…