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POPE v. COLE

24101.

223 Ga. 448 (1967)

156 S.E.2d 36

POPE v. COLE et al.

Supreme Court of Georgia.

Decided June 22, 1967.

Rehearing Denied July 6, 1967.

Attorney(s) appearing for the Case

Sumner & Boatright, J. Laddie Boatright, for appellant.

M. L. Preston, Preston & Preston, Ward Whelchel, J. Baker McGee, Gibson, McGee & Blount, William G. Grant, Grant, Spears & Duckworth, for appellees.

UNDERCOFLER, Justice.

This is an appeal from an order sustaining general demurrers and dismissing both counts of an equitable petition. Petitioner was granted leave to amend Count 2. It was dismissed after expiration of the time allowed to amend without an amendment having been filed. Held:

1. Count 1 of the petition alleges that the petitioner, his father and one Cole (the principal defendant herein) orally agreed on January 8, 1962, as follows: The...

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