Legal Opinion

Smith v. Castle

Court of Appeals of Georgia

Decided October 25, 1960No. 38457PublishedCited by 4 opinions

1Opinion of the Court

Felton, Chief Judge.

The demurrers to Exhibits “A” and ■‘B”, the contract of purchase and sale and the rental agreement, that they are irrelevant, immaterial and prejudicial for stated reasons are without merit. Both contracts are necessary adjuncts to the petition and are essential to the action. Failure to attach the contracts to the petition would have been fatal. Red Line Products Co. v. J. M. High Co., 53 Ga. App. 531 (186 S. E. 296), and cit. “Copies of contracts, obligations to pay, or other writings should be incorporated in or attached to the petition in all cases in which they…

2Cases cited4 opinions

  1. Pilgreen v. HansonCourt of Appeals of Georgia · 1954
  2. Dexter Banking Co. v. McCookCourt of Appeals of Georgia · 1910
  3. Red Line Products Co. v. J. M. High Co.Court of Appeals of Georgia · 1936
  4. Foster v. BurnleyCourt of Appeals of Georgia · 1937

3Cited by4 opinions

  1. Williams v. YoungCourt of Appeals of Georgia · 1962
  2. Brumby v. BrooksSupreme Court of Georgia · 1975
  3. Moore v. GreenCourt of Appeals of Georgia · 1973
  4. McConley v. StateCourt of Appeals of Georgia · 1964

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