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CLEVELAND v. SCHWAEMMLE

36921.

96 Ga. App. 724 (1957)

101 S.E.2d 611

CLEVELAND v. SCHWAEMMLE.

Court of Appeals of Georgia.

Rehearing Denied December 2, 1957.

Attorney(s) appearing for the Case

William F. Lozier, Poole, Pearce & Hall, for plaintiff in error.

W. S. Northcutt, Northcutt, Edwards & Johnston, contra.

QUILLIAN, J.

1. Special grounds 1 and 2 of the amended motion for new trial assign as error the following charge: "Gentlemen, if you find this contract to be as contended by the plaintiff, and as expressed in his petition, as amended, then you should go no further, for in that event, the plaintiff would be entitled to recover the amount sued for, since the measures of recovery, if you find the contract to be as plaintiff...

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