GUY F. ATKINSON CO. v. FIMIAN

33507, 33508.

85 Ga. App. 200 (1951)

68 S.E.2d 236

GUY F. ATKINSON CO. et al. v. FIMIAN. GUY F. ATKINSON CO. et al. v. MUSGRAVE.

Court of Appeals of Georgia.

Rehearing Denied December 19, 1951.


Attorney(s) appearing for the Case

J. Ellis Mundy, U. S. Attorney, F. Douglas King, H. A. Stephens Jr., Assistant U. S. Attorneys, for plaintiffs in error.

Sutherland, Tuttle & Brennan, contra.


WORRILL, J.

(After stating the foregoing facts.) As we view the record in this case the trial court erred in sustaining the demurrers to the amendment adding paragraph 21 to the answer and in striking that portion of the answer, and therefore all that transpired thereafter was nugatory. The plaintiffs contend that the ruling of the trial court sustaining the first demurrer to the original answer, and thus holding that the case was not subject to the statute of frauds...

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