STATE HWY. DEPT. v. HEWITT CO.

23225.

221 Ga. 621 (1966)

146 S.E.2d 632

STATE HIGHWAY DEPARTMENT v. HEWITT CONTRACTING COMPANY.

Supreme Court of Georgia.

Decided January 6, 1966.


Attorney(s) appearing for the Case

Arthur K. Bolton, Attorney General, Richard L. Chambers, E. J. Summerour, Assistant Attorneys General, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, Ferdinand Buckley, John D. Jones, C. Richard McQueen, B. Hugh Burgess, contra.


QUILLIAN, Justice.

1. All formal prayers contained in the petition are for the recovery of money judgments and no allusion is made in any of these prayers to any form of equitable relief. However, as recited in the foregoing statement of facts in the fifth count of the petition there is an allegation: "a mutual mistake of fact existed with reference to said contract and accordingly prays that said contract be rescinded. . ." Treating this allegation as a prayer for...

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