TURNER v. TOMBERLIN-SHEETZ ARCHITECTS

41587.

112 Ga. App. 661 (1965)

145 S.E.2d 743

TURNER v. TOMBERLIN-SHEETZ ARCHITECTS, INC. et al.

Court of Appeals of Georgia.

Decided November 3, 1965.

Rehearing Denied November 18, 1965.


Attorney(s) appearing for the Case

Hatcher, Meyerson, Oxford & Irwin, Henry M. Hatcher, Jr., for plaintiff in error.

Arnold & Harris, Ross Arnold, Robert B. Harris, Moreton Rolleston, contra.


JORDAN, Judge.

1. The trial court in summarizing the allegations of the plaintiff's original petition instructed the jury as follows: "[A]nd he alleges and sets forth in his petition that the reasonable value of services he rendered was $11,380 which he alleges defendant agreed to pay." The defendant in special ground 5 of his amended motion for new trial contends that this instruction constituted a material misstatement of the plaintiff's contentions as shown by...

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