SEABOARD CONSTRUCTION CO. v. CLIFTON

44737.

121 Ga. App. 247 (1970)

173 S.E.2d 436

SEABOARD CONSTRUCTION COMPANY v. CLIFTON, by Next Friend.

Court of Appeals of Georgia.

Decided January 12, 1970.

Rehearing Denied February 24, 1970.


Attorney(s) appearing for the Case

Conyers, Fendig, Dickey, Fendig & Whelchel, Albert Fendig, Jr., for appellant.

Alaimo & Taylor, James A. Bishop, Anthony A. Alaimo, Dennis Pierce, for appellee.


HALL, Presiding Judge.

The defendant in a negligence case appeals an order denying its motion for summary judgment which was certified for review. In its pleadings, the defendant alleged that the plaintiff (a minor) was precluded from recovery because of a release given in 1960 by the guardian of the plaintiff's property to one Amerson, a joint tortfeasor, and approved by the court of ordinary. The release acknowledged payment for the injuries received by the plaintiff...

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