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ED SMITH & SONS, INC. v. MATHIS

38622.

103 Ga. App. 661 (1961)

120 S.E.2d 646

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

Court of Appeals of Georgia.

Rehearing Denied May 11, 1961.

Attorney(s) appearing for the Case

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

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

BELL, Judge.

1. The defendant Ed Smith & Sons, Inc., astutely contends that the allegation in the petition that the driver of the tractor and earth mover was at all times an agent and servant of the defendant Ed Smith & Sons, Inc., is in irreconcilable conflict with the succeeding paragraph which alleges that the other defendant corporation was the general contractor on the construction project, and that it retained the right to and did direct and control...

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