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BUFFINGTON v. NEW HAMPSHIRE FIRE INS. CO.

38861.

104 Ga. App. 139 (1961)

121 S.E.2d 270

BUFFINGTON et al. v. NEW HAMPSHIRE FIRE INSURANCE COMPANY.

Court of Appeals of Georgia.

Rehearing Denied July 11, 1961.

Attorney(s) appearing for the Case

Telford, Wayne & Smith, Tifton S. Greer, for plaintiffs in error.

Whelchel, Dunlap & Gignilliat, Wm. P. Whelchel, contra.

FELTON, Chief Judge.

1. The court did not err in overruling the general demurrer to the petition. The petition at least stated a cause of action for a declaratory judgment as to the question whether the plaintiff was obligated to defend the proposed action against the insured. Darling v. Jones, 88 Ga.App. 812 (78 S.E.2d 94); Georgia Cas. &c. Co. v. Turner,

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