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MATHESON v. CHARLES R. SHEPHERD, INC.

37493.

99 Ga. App. 175 (1959)

107 S.E.2d 897

MATHESON v. CHARLES R. SHEPHERD, INC., et al.

Court of Appeals of Georgia.

Rehearing Denied February 25, 1959.

Attorney(s) appearing for the Case

B. D. Murphy, Robert R. Harlin, Jas. K. Rankin, for plaintiff in error.

Troutman, Sams, Schroder & Lockerman, Allen E. Lockerman, Robert L. Pennington, Wm. B. Huff, contra.

GARDNER, Presiding Judge.

We are concerned here only with the sustaining of the general demurrer as to the defendant Shepherd.

If a petition shows a duty on the part of a defendant, a breach of that duty and damages resulting from that breach, the petition should not be dismissed on general demurrer. See Harvey v. Zell, 87 Ga.App. 280 (73 S.E.2d 605). Where a contract calls...

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