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ATLANTA &c. CASKET CO. v. S.E. &c. FUR. CO. INC.

33135.

82 Ga. App. 353 (1950)

61 S.E.2d 196

ATLANTA METALLIC CASKET CO. v. SOUTHEASTERN WHOLESALE FURNITURE CO. INC.

Court of Appeals of Georgia.

Decided September 14, 1950.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, A. G. Cleveland Jr., for plaintiff in error.

Stanley P. Meyerson, Nall & Sterne, contra.

FELTON, J.

Whether there is a cause of action set forth hinges on the proper construction of the petition. The plaintiff's theory is that sufficient facts are alleged to show a joint enterprise or joint adventure under the definitions laid down by modern courts. Clement A. Evans & Co. v. Waggoner, 197 Ga. 857 (30 S.E.2d 915); 40 Am. Jur. § 7, p. 681; Ib. § 3, p. 677; 33 C. J. § 2, p. 842. Broadly, there is a joint enterprise or adventure...

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