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DEVELOPMENT CORP. OF GEORGIA v. WEST

43052.

116 Ga. App. 768 (1967)

159 S.E.2d 94

DEVELOPMENT CORPORATION OF GEORGIA, INC. et al. v. WEST et al.

Court of Appeals of Georgia.

Decided December 5, 1967.

Attorney(s) appearing for the Case

Hansell, Post, Brandon & Dorsey, W. Rhett Tanner, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Ralph H. Witt, for appellants.

Rich, Bass, Kidd & Broome, Casper Rich, C. Richard Avery, for appellees.

FELTON, Chief Judge.

The court erred in overruling the general demurrers to the petition. This is an action at law in the Civil Court of Fulton County for money had and received. The only question necessary for a decision is whether a cause of action at law existed at the time when the action was filed on June 15, 1965, against either defendant. In an action at law in a case such as this it must be alleged that a rescission of

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