Legal Opinion
LeCraw v. Burdine Enterprises, Inc.
Court of Appeals of Georgia
Decided June 21, 1965No. 41359PublishedCited by 2 opinions
1Opinion of the Court
Nichols, Presiding Judge.
“Allegations of a petition must yield to contradictory facts shown by exhibits attached thereto.” National Life &c. Ins. Co. v. Wilson, 106 Ga. App. 504 (1a) (127 SE2d 306). The petition alleged that the plaintiffs and the defendant (the corporation) entered into the contract attached as an exhibit, but the exhibit showed on its face that it was a contract between “Dr. Winston E. Burdine, owner of” the property and the plaintiffs, and although the exhibit was signed “Burdine Enterprises, Inc., W. E. Burdine, M. D., Pres.” the body of the contract is controlling as to…
2Cases cited5 opinions
- Payton v. McPhaulSupreme Court of Georgia · 1907
- Gill v. TisonSupreme Court of Georgia · 1878
- Spiller-Beall Co. v. HirschCourt of Appeals of Georgia · 1916
- Doe ex dem. Tenant v. RoeSupreme Court of Georgia · 1859
- National Life & Accident Insurance v. WilsonCourt of Appeals of Georgia · 1962
3Cited by2 opinions
- Coile v. Finance Company of AmericaSupreme Court of Georgia · 1965
- Dickey v. Planes, Inc.Court of Appeals of Georgia · 1976