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KING v. TOWNS

38476.

102 Ga. App. 895 (1960)

118 S.E.2d 121

KING et al. v. TOWNS.

Court of Appeals of Georgia.

Rehearing Denied December 20, 1960.

Attorney(s) appearing for the Case

Bruce B. Edwards, F. L. Breen, for plaintiffs in error.

Bullock, Yancey & Mitchell, Kyle Yancey, contra.

FRANKUM, Judge.

1. On the call of the case for trial the defendants made a motion "that the court require plaintiff to make an election as to whether she was proceeding ex delicto or ex contract," but as the petition is not capable of any construction other than an action sounding in tort, there is no harmful error in the trial court's overruling the motion. Perdue v. Cason, 22 Ga.App. 284 (96 S. E. 16). The election was made on the filing of the petition....

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