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ED SMITH & SONS v. MATHIS

21311.

217 Ga. 354 (1961)

122 S.E.2d 97

ED SMITH & SONS, INC. v. MATHIS et al.

Supreme Court of Georgia.

Decided October 5, 1961.

Rehearing Denied October 24, 1961.

Attorney(s) appearing for the Case

Smith, Kilpatrick, Cody, Rogers & McClatchey, Ernest P. Rogers, Barry Phillips, for plaintiff in error.

Calhoun & Calhoun, Bryan, Carter, Ansley & Smith, Charles H. Hyatt, contra.

CANDLER, Justice.

David T. Mathis and others filed a suit for damages in the Superior Court of DeKalb County against Hewitt Contracting Company, Ed Smith & Sons, Inc., and James Hare. The defendant Ed Smith & Sons, Inc. demurred to their petition on general and special grounds. The trial judge overruled its demurrers, and the Court of Appeals, with Chief Judge Felton dissenting, affirmed his ruling. Ed Smith & Sons, Inc. v. Mathis,

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