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RICH'S, INC. v. KIRWAN BROS., INC.

36899, 36900.

97 Ga. App. 58 (1958)

102 S.E.2d 648

RICH'S, INC. v. KIRWAN BROS., INC., et al. BUTLER v. KIRWAN BROS., INC., et al.

Court of Appeals of Georgia.

Rehearing Denied January 31, 1958.

Attorney(s) appearing for the Case

Benjamin M. Parker, for plaintiff in error in case No. 36899.

John L. Westmoreland, Joseph D. Tindall, J. Frank Kemp, contra.

Joseph D. Tindall, J. Frank Kemp, for plaintiff in error in case No. 36900.

John L. Westmoreland, Benjamin M. Parker, contra.

CARLISLE, Judge.

One February 10, 1948, Kirwan Brothers, Inc., filed suit in two counts in the Superior Court of Fulton County against Rich's, Inc., M. Rich & Brothers Co., and W. S. Tutwiler and J. D. Butler, a partnership doing business as Capital Construction Company. The defendants filed general and special demurrers to each count of the petition. When the demurrers came on for a hearing in the Superior Court of Fulton County, the judge entered an order sustaining...

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