TERMPLAN, INC. OF WEST END v. Joseph

Birdsong, Judge.

Appellant sued to recover on a note under the provisions of the Georgia Industrial Loan Act. Appellant’s complaint alleged in Paragraph 3: "That plaintiff is duly licensed to do business under the Georgia Industrial Loan Act and was so licensed on the date of said instrument.”

Appellee filed an answer and did not deny the allegations set forth in Paragraph 3 of plaintiff’s petition.

At the trial of the case, appellant offered no proof that appellant was authorized to do business under the Georgia Industrial Loan Act. At the close of the evidence, the trial judge entered a…