MAYOR &c. OF CITY OF SAVANNAH v. GLENS FALLS &c. CO.

39042, 39074.

104 Ga. App. 879 (1961)

123 S.E.2d 293

MAYOR & ALDERMEN OF THE CITY OF SAVANNAH v. GLENS FALLS INSURANCE COMPANY; and vice versa.

Court of Appeals of Georgia.

Decided November 29, 1961.


Attorney(s) appearing for the Case

Alton D. Kitchings, for plaintiff in error.

Corish, Alexander & Smith, Malberry Smith, Jr., contra.


BELL, Judge.

The defendant surety's bill of exceptions assigns error on the overruling of the defendant's general and special demurrers.

The general demurrer is based on the contention that the petition of the plaintiff shows that there is a fatal variance between the purported contract bond of the defendant, copy of which is attached to the petition, and the alleged contract of its principal, a copy of which is also attached to the petition. The defendant...

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