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THOMAS v. LOMAX

33215.

82 Ga. App. 592 (1950)

61 S.E.2d 790

THOMAS v. LOMAX.

Court of Appeals of Georgia.

Decided October 28, 1950.

Attorney(s) appearing for the Case

Johnson & Johnson, for plaintiff in error.

Oliver & Oliver, contra.

FELTON, J.

1. From a reading of the petition it cannot be determined whether the plaintiff was seeking to show breach of an express or an implied contract. However, the plaintiff's counsel, upon inquiry of the court, twice stated that the plaintiff's action was based upon an express contract. Relying on these statements, both the court and the defendant's counsel tried the case on that theory and the plaintiff is bound...

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