Legal Opinion

Elsner v. CATHCART CARTAGE COMPANY

Court of Appeals of Georgia

Decided October 18, 1971No. 46260PublishedCited by 9 opinions

1Opinion of the Court

Whitman, Judge.

This is an appeal from an order granting a motion to strike a defense and counterclaim. Cathcart Cartage Co. filed a complaint alleging that the Eisners were indebted to it in a certain sum on a contract. An alleged contract was attached to the complaint. It is a document which reflects the itemized charges made in connection with a move of the defendants’ belongings, household goods and furniture from one location to another. Plaintiff later added a second count by amendment, praying for a recovery of the same sum on the basis of implied contract. Held:

1. The defense in…

2Cases cited2 opinions

  1. Wellbaum v. MurphyCourt of Appeals of Georgia · 1970
  2. CITIES SERVICE OIL COMPANY v. CronanCourt of Appeals of Georgia · 1971

3Cited by9 opinions

  1. Hanover Insurance v. Nelson Conveyor & MacHinery Co.Court of Appeals of Georgia · 1981
  2. Gynecologic Oncology, P.C. v. WeiserCourt of Appeals of Georgia · 1994
  3. Ben L. O'Callaghan Co. v. Bond Supply Co.Court of Appeals of Georgia · 1976
  4. Roush v. Dan Vaden Chevrolet, Inc.Court of Appeals of Georgia · 1980
  5. Ben L. O'Callaghan Co. v. Bond Supply Co.Court of Appeals of Georgia · 1976

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