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ORKIN TERMITE COMPANY v. DUFFELL

37044.

97 Ga. App. 215 (1958)

102 S.E.2d 629

ORKIN TERMITE COMPANY, INC. v. DUFFELL.

Court of Appeals of Georgia.

Decided February 21, 1958.

Attorney(s) appearing for the Case

Irving K. Kaler, W. Stell Huie, for plaintiff in error.

Harris & Gower, William T. Brooks, contra.

NICHOLS, Judge.

1. The plaintiff, according to the writ of error, abandoned in open court any action based on a breach of the contract and relied solely on the alleged tort. Therefore, in construing the allegations of the petition as against the defendant's demurrers no question is presented as to whether the petition would otherwise be good as an action for a breach of contract. See American Oil Co. v. Roper...

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