TAPLEY v. YOUMANS

36458.

95 Ga. App. 161 (1957)

97 S.E.2d 365

TAPLEY v. YOUMANS.

Court of Appeals of Georgia.

Decided February 19, 1957.


Attorney(s) appearing for the Case

Homer S. Durden, Jr., for plaintiff in error.

Price, Spivey & Carlton, contra.


FELTON, C. J.

1. Construing the demurrer which was sustained and on which the action was dismissed as complaining of a misjoinder of causes of action, the petition was not susceptible to such an attack. The petition did not attempt to combine in one action an action for breach of contract and one in tort. The petition alleges two torts: one, the violation of the duties arising under a cropper agreement and the other, the malicious abuse of process. "1. Where by contract...

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