Guy F. Atkinson Co. v. Fimian

Felton, J.,

dissenting. 1. The court did not err in striking paragraph 21 of the amended petition on demurrer. There is a conflict in the decisions of other States as to whether a statute of frauds requiring a contract to be in writing is a matter affecting the remedy or the validity of the contract. The Supreme Court of this State has unequivocally determined that such a statute relates to remedy and not substance. Obear v. First National *207Bank, 97 Ga. 587 (25 S. E. 335). See 105 A.L.R. 652; 161 A.L.R. 814, 820. The foregoing Supreme Court decision is controlling in this case. If the majority…