DREW v. LYLE

34402.

88 Ga. App. 121 (1953)

76 S.E.2d 142

DREW v. LYLE.

Court of Appeals of Georgia.

Decided May 2, 1953.


Attorney(s) appearing for the Case

Haas, Hurt & Peek, for plaintiff in error.

Fraser & Shelfer, contra.


WORRILL, J.

"Where a plaintiff amends her original petition, admitting the execution of a release pleaded by the defendant as an accord and satisfaction, and seeks to avoid it on the ground of fraud, the court, in passing on a general demurrer, will consider the petition as amended, including the admission of the contract with the attack made on it." Roberts v. Southern Ry. Co., 73 Ga.App. 759 (2) (38 S.E.2d 48).

It is the contention of the defendant...

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