Harris v. Wilcox
Court of Appeals of Georgia
Complaint from city court of Fitzgerald — Judge Jay. February 22, 1909. Harris sued Wilcox for $500 and interest. The court sustained a general demurrer and dismissed the petition; and error is assigned on this judgment.
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Complaint from city court of Fitzgerald — Judge Jay. February 22, 1909. Harris sued Wilcox for $500 and interest. The court sustained a general demurrer and dismissed the petition; and error is assigned on this judgment. The petition in substance is as follows: On April 12, 1907, Harris made a contract with Wilcox to purchase capital stock of the Clark & Wilcox Company, or the Ras Wilcox Company, of the par value of $500, upon the express agreement of Wilcox that he •would purchase the stock back from Harris and pay him therefor $500, with interest at eight per cent, per annum from the date…
1Opinion of the CourtHill, C. J.
(After stating the case.) The court erred in sustaining the demurrer and dismissing the petition. Instead of the allegations of the petition failing to show a cause of action, we think two distinct causes of action are alleged. The petition is probably duplicitous for that reason, and a special demurrer on this-ground could have been interposed. But as against a general demurrer, the plaintiff can insist upon both theories of this ease -and recover, if he proves either theory. (1) If the stock was never-issued to him by the company, he would have the right to recover from the defendant the…
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