Port Wentworth Lumber Co. v. McLean
Court of Appeals of Georgia
■ Complaint; from city court of Savannah—Judge Freeman. March 4, 1918. . ' . The petition alleges that the Port Wentworth Lumber Company is indebted to the plaintiff in the sum of $125' on an account, a copy of which is attached to. the petition.
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■ Complaint; from city court of Savannah—Judge Freeman. March 4, 1918. . ' . The petition alleges that the Port Wentworth Lumber Company is indebted to the plaintiff in the sum of $125' on an account, a copy of which is attached to. the petition. The account consists of two items, dated November 28, 1916, as follows: “2 timber cars complete, $100; 125 feet of steel loading chain, $25.” The demurrer was on the following grounds: “ (1) The petition sets forth no cause of action and is insufficient in law. (2) The petition fails to show when, where, or through whom the alleged account was…
1Opinion of the Court
Bloodworth,. J.
The demurrer to the petition was properly overruled. “The defense of statute of frauds can be raised by demurrer to the petition only when the facts alleged in the. petition affirmatively show that the contract is oral and that there has not been suchiperformanee as to raise an exception.” . Marks v. Talmadge, 8 Ga. App. 557 (69 S. E. 1131); Kinney v. Kinney, 20 Ga. App. 816 (93 S. E. 496).
Judgment affirmed.
Broyles, P. J., and. Harwell, J., concur. The petition alleges that the Port Wentworth Lumber Company is indebted to the plaintiff in the sum of $125' on an account, a copy…
2Cases cited2 opinions
- Marks & Powell v. Talmadge's Sons & Co.Court of Appeals of Georgia · 1911
- Kinney v. KinneyCourt of Appeals of Georgia · 1917
3Cited by3 opinions
- Barnes v. P. D. Manufacturing Co., Inc.Supreme Court of New Jersey · 1936
- Douma v. PowersNew Jersey Court of Chancery · 1920
- North v. NorthCourt of Appeals of Georgia · 1939