Bank of Bowdon v. Lovvorn Grocery Co.
This text of 131 S.E. 301 (Bank of Bowdon v. Lovvorn Grocery Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1. The overruling of the demurrer to the amended petition was not error.
2. Where a contract is pleaded, it is not necessary, even though the contract be within the statute of frauds, to allege that it was in. writing.. Upon demurrer it will be presumed that the contract was in writing, unless the averments of the pleadings distinctly show the contrary. Ansley v. Hightower, 120 Ga. 719 (3) (48 S. E. 197). Under this ruling and the facts of the instant case, the overruling of the demurrer to the-defendant’s plea did not establish as the law of the case that the agreement set up in the plea was not within the statute of frauds.
3. Under the evidence adduced, the court did not err in directing the verdict for the defendant in error.
Judgment affirm,ed.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
131 S.E. 301, 34 Ga. App. 772, 1926 Ga. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bank-of-bowdon-v-lovvorn-grocery-co-gactapp-1926.