Hutcherson v. Vanguard Exterminators, Inc.

Johnson, Judge.

John Hutcherson appeals from the trial court’s order dismissing his complaint against Vanguard Exterminators, Inc., because it was not filed within the two-year statute of limitation set forth in OCGA § 9-3-33. Hutcherson contends that the court erred in finding that the facts alleged in his complaint state only a tort claim and not a breach of contract claim. In his complaint, Hutcherson alleges that he entered into a contract to purchase a house. The contract required the sellers of the house to furnish a letter from an exterminating company stating that the house is free and…