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McCLELLAND v. CARMICHAEL TILE CO.

36438.

94 Ga. App. 645 (1956)

96 S.E.2d 202

McCLELLAND et al. v. CARMICHAEL TILE CO.

Court of Appeals of Georgia.

Rehearing Denied December 5, 1956.

Attorney(s) appearing for the Case

Abit Massey, A. Mims Wilkinson, Jr., for plaintiff in error.

Albert E. Mayer, William W. Daniel, contra.

TOWNSEND, J.

The trial court granted the motion for judgment notwithstanding the verdict on the theory that there was a fatal variance between the allegata and probata, citing in his judgment Dixie Ornamental Iron Co. v. Parrish, 91 Ga.App. 11 (84 S.E.2d 716), and Central R. & Bkg. Co. v. Cooper, 95 Ga. 406 (22 S. E. 549), both of which cases were concerned with...

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