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HOUSTON v. ROBERTS

57691.

150 Ga. App. 350 (1979)

258 S.E.2d 34

HOUSTON v. ROBERTS et al.

Court of Appeals of Georgia.

Decided June 19, 1979.

Attorney(s) appearing for the Case

Blanton & Fudge, John G. Barrett, Gerald W. Fudge, for appellant.

Claude E. Hambrick, Todd Evans, Torin D. Togut, for appellees.

UNDERWOOD, Judge.

The trial court instructed the jury: "If you find that the plaintiff is ... entitled to recover, then you cannot find that she is entitled to recover on any more than one of these [three] counts. They stand alone. You have to deal with them one by one. Now, if you find that the plaintiff is not entitled to recover on any of these Counts One, Two and Three ... then you may go further and determine whether or not the plaintiff has a claim for breach...

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