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COLLINS v. LOUISVILLE &c. R. R. CO.

35817.

92 Ga. App. 814 (1955)

89 S.E.2d 908

COLLINS v. LOUISVILLE & WADLEY RAILROAD COMPANY.

Court of Appeals of Georgia.

Rehearing Denied October 19, 1955.

Attorney(s) appearing for the Case

Olin B. Cannon, Oliver, Davis & Maner, for plaintiff in error.

Price, Spivey & Carlton, contra.

GARDNER, P. J.

1. It is our opinion that paragraph 36 of the amended plea of settlement is a general demurrer, and the court did not err in overruling it. We think the amendment is allowable because it merely alleged facts in explanation of certain terms in the contract. We do not think the question of the general demurrer to the petition before amendment is before this court for the reason that it must be treated as abandoned...

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