George W. Muller Bank Fixture Co. v. Southern Seating & Cabinet Co.
Supreme Court of Georgia
Equitable petition. Before Judge Pendleton. Eulton superior court. June 20, 1916. The -bill of exceptions, assigns error on a judgment sustaining certain demurrers to a petition and dismissing the action brought by George W. Muller Bank Fixture Company in the superior court of Fulton county. The defendants were E. Morgan, a resident of Chatham county, and the Southern Seating and Cabinet Company (hereinafter called the company), with its principal office in Jackson, Tenn.
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Equitable petition. Before Judge Pendleton. Eulton superior court. June 20, 1916. The -bill of exceptions, assigns error on a judgment sustaining certain demurrers to a petition and dismissing the action brought by George W. Muller Bank Fixture Company in the superior court of Fulton county. The defendants were E. Morgan, a resident of Chatham county, and the Southern Seating and Cabinet Company (hereinafter called the company), with its principal office in Jackson, Tenn. The petition alleged the following, in substance: All of the parties were building contractors. Morgan had a contract to…
1Opinion of the CourtAtkinson, J.
The' allegations of the petition are to be con-
strued in connection with the contract of assignment between the-defendant company and the plaintiff, and also the power of attorney executed by the defendant to the. plaintiff; copies of which were attached to the petition as exhibits. The defendant Morgan was not a party to either of these papers, and the petition is not to be construed as alleging any contractual relation between plaintiff and Morgan. The allegations as to payment by Morgan to the plaintiff of portions of the contract price, from time to time, should be construed as…
2Cases cited4 opinions
- White v. North Georgia Electric Co.Supreme Court of Georgia · 1907
- Van Dyke v. Van DykeSupreme Court of Georgia · 1904
- Ansley v. DavisSupreme Court of Georgia · 1913
- Stuck v. Southern Steel & Aluminum Alloy Co.Supreme Court of Georgia · 1895
3Cited by11 opinions
- Crutcher v. Crawford Land Co., Inc.Supreme Court of Georgia · 1964
- Gordy v. Levison & Co.Supreme Court of Georgia · 1924
- Crandall v. ShepardSupreme Court of Georgia · 1928
- Whiddon v. Southern Auto Finance Co.Supreme Court of Georgia · 1938
- McCowan v. SnookSupreme Court of Georgia · 1932
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