MARTIN v. PIERCE

52956.

140 Ga. App. 897 (1977)

232 S.E.2d 170

MARTIN v. PIERCE et al.

Court of Appeals of Georgia.

Decided January 7, 1977.


Attorney(s) appearing for the Case

Kaler, Karesh & Frankel, Ira L. Rachelson, for appellant.

Harland, Cashin, Chambers, Davis & Doster, Harry L. Cashin, Jr., Chambers, Siefferman, Robinson & Cooper, Floyd E. Siefferman, Jr., Tom Venker, Gambrell & Mobley, James L. Paul, John P. MacNaughton, for appellees.


MARSHALL, Judge.

Appellant Martin appeals the grant by the trial court of appellees' motion to dismiss Count 1 for failure to state a cause of action against appellees and the grant of the motion insofar as it prayed for attorney fees based upon stubborn litigiousness. The issue is whether an exhibit attached to Martin's complaint proves that he cannot recover under Count 1 thereof.

The complaint reflects that Martin owned a contracting business and alleges...

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