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FARKAS v. KAUFMAN

40423.

108 Ga. App. 659 (1963)

134 S.E.2d 488

FARKAS v. KAUFMAN.

Court of Appeals of Georgia.

Decided November 15, 1963.

Attorney(s) appearing for the Case

Rose & Lappas, Frank P. Lappas, for plaintiff in error.

Haas, Dunaway, Shelfer & Haas, George A. Haas, contra.

NICHOLS, Presiding Judge.

The sole question presented for decision is whether the plaintiff's petition set forth a cause of action against the host driver in as much as no demurrer of the defendant Day is before this court.

"When a plaintiff pleads his case in the alternative, one version of which is good and the other not, his petition will on demurrer be treated as pleading no more than the latter, since it will be construed most strongly against him.

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