SPECTOR v. MODEL CONSTRUCTION CO., INC.

36356.

95 Ga. App. 14 (1957)

96 S.E.2d 900

SPECTOR et al. v. MODEL CONSTRUCTION COMPANY, INC. et al.

Court of Appeals of Georgia.

Rehearing Denied January 25, 1957.


Attorney(s) appearing for the Case

Claude E. Hambrick, for plaintiffs in error.

McFarland & Cooper, Samuel L. Eplan, contra.


QUILLIAN, J.

1. The plaintiffs insist that the judge's order ruling that the auditor erred in not granting a nonsuit was error because he had never vacated his previous order sustaining the auditor's report. The record discloses that the auditor did not pass upon the question of whether a nonsuit should be granted, but expressly refrained from making any ruling upon the question. His finding in this regard reads: "Although a motion for nonsuit was made by counsel...

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