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BROYLES v. JOHNSON

37689.

100 Ga. App. 511 (1959)

111 S.E.2d 766

BROYLES, Assignee v. JOHNSON.

Court of Appeals of Georgia.

Rehearing Denied October 26, 1959.

Attorney(s) appearing for the Case

Elijah A. Brown, for plaintiff in error.

Johnson, Hatcher, Meyerson & Irvin, Henry M. Hatcher, Jr., contra.

CARLISLE, Judge.

It has been said many times by this court that the essential elements of an alleged cause of action are simply a duty and a breach of it. Bell v. Fitz, 84 Ga.App. 220, 223 (66 S.E.2d 108). As against a general demurrer, allegations of facts from which the existence of a duty may be fairly inferred and showing a breach of it are sufficient. In the instant case,...

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