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HOWELL GAS OF ATHENS, INC. v. COILE

41457, 41458.

112 Ga. App. 732 (1965)

146 S.E.2d 145

HOWELL GAS OF ATHENS, INC. et al. v. COILE. HOWELL GAS OF ATHENS, INC. et al. v. BROOKS.

Court of Appeals of Georgia.

Decided November 24, 1965.

Attorney(s) appearing for the Case

Woodruff, Savell, Lane & Williams, Erwin, Birchmore & Epting, Eugene A. Epting, Denny C. Galis, for plaintiffs in error.

Hamilton Lokey, James P. Dollar, George Brooks, contra.

EBERHARDT, Judge.

1. The petitions are identical in their allegations of the facts, even to the numbering of the paragraphs, and the demurrers are the same, except insofar as the allegations of negligence may vary.

(a) We deal first with the general demurrer of the Lowe brothers, owners of the building. Under the allegations of the petition Pickler was in possession of the premises, the Lowe brothers having relinquished it to him under a lease early in September...

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