Elsner v. CATHCART CARTAGE COMPANY
Court of Appeals of Georgia
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
- Wellbaum v. MurphyCourt of Appeals of Georgia · 1970
- CITIES SERVICE OIL COMPANY v. CronanCourt of Appeals of Georgia · 1971
3Cited by9 opinions
- Hanover Insurance v. Nelson Conveyor & MacHinery Co.Court of Appeals of Georgia · 1981
- Gynecologic Oncology, P.C. v. WeiserCourt of Appeals of Georgia · 1994
- Ben L. O'Callaghan Co. v. Bond Supply Co.Court of Appeals of Georgia · 1976
- Roush v. Dan Vaden Chevrolet, Inc.Court of Appeals of Georgia · 1980
- Ben L. O'Callaghan Co. v. Bond Supply Co.Court of Appeals of Georgia · 1976
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