Patterson v. Bank of Alapaha

1. This suit being upon a written contract which was in part unconditional and in part conditional, the court did not err in sustaining a special demurrer to that portion of the defendant’s plea which was directed solely to the unconditional part of the contract, as the plea was not under oath. See Civil Code (1910), § 5660; Monk v. National Bank of Tifton, 12 Ga. App. 253 (76 S. E. 278) ; Turner v. Bank of Mayfield, 13 Ga. App. 547 (79 S. E. 180) ; O’Kelley v. Welch, 18 Ga. App. 157 (89 S. E. 76); Trippe v. Sheppard, 21 Ga. App. 279 (2) (94 S. E. 328).

*623Decided April 19, 1919. Complaint; from…