Dawn Memorial Park, Inc. v. Southern Cemetery Consultants of Georgia, Inc.

Jordan, Judge.

This is the third appearance of this case before this court. See Southern Cemetery &c. of Ga. v. Dawn Memorial Park, 113 Ga. App. 189 (147 SE2d 475), and Dawn Memorial Park. v. Southern Cemetery &c. of Ga., 113 Ga. App. 814 (149 SE2d 760). The basic facts appear in the first reported opinion. The current appeal is from the order of the court on March 4, 1966, overruling the defendant’s motion of the same date to dismiss the second count of the petition, and the further order of the trial court on Septem*181ber 22, 1966, overruling the defendant’s motion of September 12, 1966, to…