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KENIMER v. WARD WIGHT REALTY COMPANY

22130.

219 Ga. 275 (1963)

133 S.E.2d 18

KENIMER v. WARD WIGHT REALTY COMPANY et al.

Supreme Court of Georgia.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Cullen M. Ward, William W. Daniel, for plaintiff in error.

Latimer & Allen, A. C. Latimer, contra.

MOBLEY, Justice.

The order of the trial court sustaining the oral motion of defendants to dismiss plaintiff's petition recited that "counsel for the plaintiff stated in open court and now vigorously urges upon the court that the action is a suit in tort under Code § 105-1207, and having taken that position in open court, the petition as amended must stand or fall upon that basis. American Oil Co. v. Roper, 64 Ga.App. 743." See also Orkin Termite...

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