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GEORGIA MACHINERY COMPANY, INC. v. AUBURN MACHINE WORKS, INC.

38754.

103 Ga. App. 574 (1961)

120 S.E.2d 28

GEORGIA MACHINERY COMPANY, INC. v. AUBURN MACHINE WORKS, INC.

Court of Appeals of Georgia.

Rehearing Denied April 27, 1961.

Attorney(s) appearing for the Case

John L. Respess, Jr., for plaintiff in error.

Crenshaw, Hansell, Ware, Brandon & Dorsey, Harry V. Lamon, Jr., Frank T. Cash, contra.

FELTON, Chief Judge.

1. In this action in the Civil Court of Fulton County the court did not err in sustaining the plaintiff's demurrer to so much of the answer and counter-claim of the defendant as sought to set off an action ex delicto against the plaintiff's action which was based on the breach of a contract, where the counter-claim sought not only to defeat the plaintiff's claim but to obtain affirmative relief in addition thereto. Holloway v. Dorsey, 72...

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