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McFARLAND v. LUMPKIN

40304.

108 Ga. App. 370 (1963)

133 S.E.2d 117

McFARLAND v. LUMPKIN et al.

Court of Appeals of Georgia.

Decided September 24, 1963.

Attorney(s) appearing for the Case

McFarland & Cooper, Walter G. Cooper, for plaintiff in error.

S. S. Robinson, contra.

FELTON, Chief Judge.

Where a petition is brought in two counts, one for breach of contract and the other on quantum meruit, and a general demurrer is sustained to the former count, the "cause" is still pending in the court below and an exception to the sustaining of the demurrer to one of the counts, under the following decisions, and others, is premature. Johnson v. Henry & Co., 178 Ga. 542 (174 SE 140); Carhart v. Mackle, 22 Ga.App. 520 (96 SE...

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