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SOUTH CAROLINA INS. CO. v. HUNNICUTT

39850.

107 Ga. App. 366 (1963)

130 S.E.2d 239

SOUTH CAROLINA INSURANCE COMPANY v. HUNNICUTT.

Court of Appeals of Georgia.

Rehearing Denied February 20, 1963.

Attorney(s) appearing for the Case

Richardson, Jones & Doremus, Ogden Doremus, Williams & Smith, Felix Williams, for plaintiff in error.

Rountree & Rountree, W. E. Rountree, contra.

FELTON, Chief Judge.

1. "Where the plaintiff's right to recover on an insurance contract depends upon a condition precedent to be performed by him, the failure of his petition to allege the performance of such condition precedent, or allege a sufficient legal excuse for its nonperformance, renders said petition subject to general demurrer. Delta Ins. Co. v. Wood, 99 Ga.App. 58 (107 S.E.2d 693

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