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PROSSER v. HORIS A. WARD, INC.

45863.

123 Ga. App. 205 (1971)

180 S.E.2d 270

PROSSER v. HORIS A. WARD, INC.

Court of Appeals of Georgia.

Decided January 22, 1971.

Attorney(s) appearing for the Case

John Harris Paer, Nancy S. Cheves, for appellant.

Powell, Goldstein, Frazer & Murphy, C. B. Rogers, Henry Young, for appellee.

JORDAN, Presiding Judge.

The plaintiff, an undertaking establishment, commenced this action to recover on a contract dated December 22, 1968, purportedly signed by the defendant, for the funeral and burial of her deceased mother. The defendant moved for a directed verdict on the ground that the contract was made on Sunday, in violation of Code Ann. § 26-9908 (former Code § 26-6905) and therefore unenforceable. The trial judge sustained the motion...

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