Ashcraft v. Marsh

O. L. Ashcraft filed suit in the Civil Court of *467Fulton County against Mrs. J. F. Marsh for damages for breach of contract to sell the Marsh Business College. Mrs.Marsh filed her plea in abatement which alleged that there was then pending between the same parties in the Superior Court of Fulton County an intervention filed by the plaintiff in a certain proceeding therein in which intervention Ashcraft sought relief in reference to the same contract here sued on and against the same parties. The plea in abatement was tried before a jury upon stipulations of fact and the introduction of…