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WHITLEY CONSTRUCTION COMPANY v. VIRGINIA SUPPLY & WELL COMPANY

37597.

99 Ga. App. 419 (1959)

108 S.E.2d 819

WHITLEY CONSTRUCTION COMPANY v. VIRGINIA SUPPLY & WELL COMPANY.

Court of Appeals of Georgia.

Decided April 9, 1959.

Attorney(s) appearing for the Case

Zachary & Hunter, W. E. Zachary, John C. Hunter, for plaintiff in error.

Weekes & Candler, John Wesley Weekes, Alston, Sibley, Miller, Spann & Shackelford, Jack P. Ashmore, Jr., contra.

QUILLIAN, Judge.

1. As against general demurrer the truth of all properly pleaded allegations of a petition is to be presumed (Code § 81-304; Doby v. Florence Const. Co., 71 Ga.App. 888, 889, 32 S.E.2d 527; Collier v. Mayflower Apartments, 196 Ga. 419, 425, 26 S.E.2d 731); and where, in an action brought in the Civil Court of DeKalb County, to recover the sum of $2,125.67, it is alleged that on a date prior to August 5, 1957, the plaintiff...

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