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THE PURE OIL COMPANY v. DUKES

38200.

101 Ga. App. 786 (1960)

115 S.E.2d 449

THE PURE OIL COMPANY v. DUKES.

Court of Appeals of Georgia.

Rehearing Denied June 7, 1960.

Attorney(s) appearing for the Case

Frank W. Bell, John C. Snodgrass, W. F. Wimberly, for plaintiff in error.

Eva L. Sloan, J. A. Gilmore, contra.

CARLISLE, Judge.

1. The mere allegation in a petition of an improper measure of damages or one inappropriate to the nature of the action does not render the petition subject to general demurrer. Lowery v. McTier, 99 Ga.App. 423 (2) (108 S.E.2d 771), and cits. Neither does a prayer for an improper or inappropriate measure of damages change the nature of an action which is otherwise...

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