Legal Opinion
ORKIN TERMITE COMPANY v. Duffell
Court of Appeals of Georgia
Decided February 21, 1958No. 37044PublishedCited by 8 opinions
1Opinion of the Court
Nichols, Judge.
1. The plaintiff, according to the writ of error, abandoned in open court any action based on a breach of the contract and relied solely on the alleged tort. Therefore, in construing the allegations of the petition as against the defendant’s demurrers no question is presented as to whether the petition would otherwise be good as an action for a breach of contract. See American Oil Co. v. Roper, 64 Ga. App. 743 (14 S. E. 2d 145).
The defendant’s special demurrers deal with the allegations of the petition in connection with the alleged terms of the contract between the parties.…
2Cases cited5 opinions
- Atlanta Gas Light Co. v. NewmanCourt of Appeals of Georgia · 1953
- Fain v. WilkersonCourt of Appeals of Georgia · 1918
- Frank Graham Co. v. GrahamCourt of Appeals of Georgia · 1954
- American Oil Co. v. RoperCourt of Appeals of Georgia · 1941
- Georgia Railroad & Banking Co. v. SewellCourt of Appeals of Georgia · 1938
3Cited by8 opinions
- Long v. Jim Letts Oldsmobile, Inc.Court of Appeals of Georgia · 1975
- Mauldin v. ShefferCourt of Appeals of Georgia · 1966
- E. & M. Construction Co., Inc. v. BobCourt of Appeals of Georgia · 1967
- A.A.A. Parking, Inc. v. BiggerCourt of Appeals of Georgia · 1966
- AAA Parking, Inc. v. BlackCourt of Appeals of Georgia · 1964
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