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OFFICIAL &c. SPEEDWAY, INC. v. JUPITER &c. OF GA., INC.

42929.

116 Ga. App. 269 (1967)

157 S.E.2d 53

OFFICIAL CHAMPIONSHIP SPEEDWAY, INC. v. JUPITER BROADCASTING OF GEORGIA, INC.

Court of Appeals of Georgia.

Decided September 5, 1967.

Attorney(s) appearing for the Case

Poole, Pearce & Cooper, Robert R. Smith, for appellant.

Maley & Crowe, D. Freeman Hutton, for appellee.

FELTON, Chief Judge.

The court erred in not vacating and setting aside the judgment dismissing the defendant's answer and the final judgment against the defendant. While the petition alleges that the action is on "an account," there are other kinds of "accounts" than "open" accounts. If this action is on any kind of account it is not an action on an open account. In some cases an action may be brought on open account where there is a contract relating to obligations...

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