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YARBOROUGH v. HORIS A. WARD, INC.

41351, 41357.

112 Ga. App. 263 (1965)

145 S.E.2d 262

YARBOROUGH v. HORIS A. WARD, INC.; and vice versa.

Court of Appeals of Georgia.

Decided September 16, 1965.

Attorney(s) appearing for the Case

Hugh G. Head, Jr., William M. Morrison, Jr., for plaintiff in error.

William B. Morgan, John L. Respess, Jr., contra.

DEEN, Judge.

1. A judgment sustaining or overruling a general demurrer fixes the law of the case as to the sufficiency of a petition to set out a cause of action unless the plaintiff by amendment sets up new facts which, taken in connection with the allegations of the original petition, present a different situation requiring a contrary conclusion. Northside Manor, Inc. v. Vann, 219 Ga. 298

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