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PHILLIPS v. HERTZ &c. LEASING CORP.

52014.

138 Ga. App. 441 (1976)

226 S.E.2d 287

PHILLIPS et al. v. HERTZ COMMERCIAL LEASING CORPORATION.

Court of Appeals of Georgia.

Decided April 22, 1976.

Attorney(s) appearing for the Case

Scheer & Elsner, Robert A. Elsner, Robert L. Coley, for appellants.

Lipshutz, Zusmann, Sikes, Pritchard & Cohen, H. William Cohen, for appellee.

DEEN, Presiding Judge.

Neither appellant's original complaint or his amended one sets forth the affirmative defense of fraud, as required by Code Ann. § 81A-108 (c), generally or with particularity under Code Ann. § 81A-109 (b). Fraud may not be raised for the first time on appeal. Bunge Corp. v. Recker, 519 F.2d 449; Ranger Ins. Co. v. Culberson, 454 F.2d 857, 862, cert. den. 407 U.S. 916...

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