FELTON, Chief Judge.
Assuming that a cause of action against this defendant exists, is there a right of action in the plaintiff against the defendant? Code § 3-108, as amended by Ga. L. 1949, p. 455, provides: "As a general rule, the action on a contract, whether express or implied, or whether by parol or under seal, or of record, shall be brought in the name of the party in whom the legal interest in such contract is vested, and against the party...
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