King v. Towns

Franicum, Judge.

On the call of the case for trial the defendants made a motion “that the court require plaintiff to make an election as to whether she was proceeding ex delicto or ex contractu,” but as the petition is not capable of any construction other than an action sounding in tort, there is no harmful error in the trial court’s overruling the motion. Perdue v. Cason, 22 Ga. App. 284 (96 S. E. 16). The election was made on the filing of the petition. Evans v. C. & S. Nat. Bank, 206 Ga. 441 (57 S. E. 2d 541); Board of Ed. of Glynn County v. Day, 128 Ga. 156 (57 S. E. 359); Kennedy v.…