Georgia, Ashburn, Sylvester & Camilla Ry. Co. v. Atlantic Coast Line Railroad

(After stating the foregoing facts.) Although the plaintiff designates its action as one on open account, it nevertheless appears from the petition that the account grew out of a contract between the plaintiff and the alleged predecessors of the defendant. The action, therefore, is based on the alleged written contract.

Code § 81-105 provides as follows, “Copies of contracts, obligations to pay, or other writings, should be incorporated in or attached to the petition in all cases in which they constitute the cause of action, or the relief prayed for must be based thereon. In suits to recover…