Ward v. Nance

Franicum, Judge.

1. The trial court did not err in overruling the general demurrer. Though various facts alleged in the petition are interwoven so as to make it difficult to determine whether the action is an ex contractu action for a breach of a warranty or one sounding in tort, the record reveals that there is no demurrer to the petition as being duplicitous. In light of such fact this court will construe the petition toward that theory which sets forth a cause of action. Citizens & Southern Bank v. Union Warehouse &c. Co., 157 Ga. 434 (6, 7) (122 S. E. 327); King Hardware Co. v. Ennis, 39…