GREAT AMERICAN INSURANCE CO. v. LIPE

42964.

116 Ga. App. 169 (1967)

156 S.E.2d 490

GREAT AMERICAN INSURANCE COMPANY v. LIPE.

Court of Appeals of Georgia.

Decided July 12, 1967.


Attorney(s) appearing for the Case

Hitch, Miller, Beckmann & Simpson, Luhr G. C. Beckmann, A. Martin Kent, for appellant.

Findley, Shea, Gannam, Head & Buchsbaum, Aaron L. Buchsbaum, for appellee.


EBERHARDT, Judge.

1. Since there is a prayer for reformation, an equitable remedy, we must determine whether this appeal is properly in this court, or whether we should transfer it to the Supreme Court. In making this determination "both the allegations and the prayer must be examined, and where as in the case sub judice, the reformation of a contract is prayed for but the allegations of the petition fail to allege fraud or mutual mistake, the action seeking a money...

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