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McWATERS v. FREDERICK W. BERENS, INC.

54338.

143 Ga. App. 392 (1977)

238 S.E.2d 717

McWATERS v. FREDERICK W. BERENS, INC. et al.

Court of Appeals of Georgia.

Decided September 19, 1977.

Rehearing Denied October 4, 1977.

Attorney(s) appearing for the Case

Long, Weinberg, Ansley & Wheeler, J. Kenneth Moorman, F. Clay Bush, for appellant.

Hansell, Post, Brandon & Dorsey, Lowell H. Hughen, W. Lyman Dillon, Roger W. Moister, Jr., Skinner, Wilson, Beals & Strickland, John V. Skinner, Jr., Earl B. Benson, Jr., for appellees.

WEBB, Judge.

This is the second appearance of this action for damages arising from a fire in the home of the plaintiff McWaters. The material facts of record are as follows.

In 1970 McWaters borrowed $15,700 from Berens to purchase a home, Berens thereby becoming his mortgagee. The fire occurred in 1973, at which time the property was insured by State Farm Fire & Casualty Company. At State Farm's suggestion...

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