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WILLIAMS v. COMMERCIAL TIRE COMPANY

41684.

113 Ga. App. 86 (1966)

147 S.E.2d 471

WILLIAMS v. COMMERCIAL TIRE COMPANY.

Court of Appeals of Georgia.

Decided February 8, 1966.

Attorney(s) appearing for the Case

Telford, Wayne & Greer, Joe K. Telford, for appellant.

Stow & Garvin, Frank B. Stow, Wendell C. Lindsey, for appellee.

JORDAN, Judge.

Properly construed, this was an action on open account and not a suit on an unconditional contract in writing. Gordy Tire Co. v. Bulman, 96 Ga.App. 739 (1) (101 S.E.2d 220). Accordingly, the defendant's answer which denied the allegations of indebtedness and demand for payment was sufficient to set forth an issuable defense to the action and the

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