Legal Opinion
Drew v. Lyle
Court of Appeals of Georgia
Decided May 2, 1953No. 34402PublishedCited by 5 opinions
1Opinion of the CourtWorrill, J.
"Where a plaintiff amends her original petition, admitting the execution of a release pleaded by the defendant as an accord and satisfaction, and seeks to avoid it on the ground of fraud, the court, in passing on a general demurrer, will consider the petition as amended, including the admission of the contract with the attack made on it.” Roberts v. Southern Ry. Co., 73 Ga. App. 759 (2) (38 S. E. 2d 48).
It is the contention of the defendant in error that the petition as amended shows that she did not enter into any contract of accord and satisfaction with the defendant respecting her claim…
2Cases cited9 opinions
- Lewis v. FoySupreme Court of Georgia · 1940
- Petty v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1900
- East Tennessee, Virginia & Georgia Railway Co. v. HayesSupreme Court of Georgia · 1889
- Butler v. Richmond & Danville RailroadSupreme Court of Georgia · 1891
- Western & Atlantic Railroad v. AtkinsSupreme Court of Georgia · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wheat v. MontgomeryCourt of Appeals of Georgia · 1973
- Mutual Savings Life Insurance v. HinesCourt of Appeals of Georgia · 1957
- MacK v. ShearerSupreme Court of Georgia · 1966
- Scott v. ScottCourt of Appeals of Georgia · 1963
- Mutual Savings Life Insurance v. HinesCourt of Appeals of Georgia · 1957