Deaton v. Friedman Amusement Company

Court of Appeals of Georgia

Deaton v. Friedman Amusement Company

22 S.E.2d 737, 68 Ga. App. 259, 1942 Ga. App. LEXIS 105

CourtCourt of Appeals of Georgia

DecidedNovember 7, 1942

Docket29713.

StatusPublished

Cited by1 cases

This text of 22 S.E.2d 737 (Deaton v. Friedman Amusement Company) 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.

Bluebook

Deaton v. Friedman Amusement Company, 22 S.E.2d 737, 68 Ga. App. 259, 1942 Ga. App. LEXIS 105 (Ga. Ct. App. 1942).

Pincite

Opinion

Broyles, C. J.

1. Where a petition alleges a breach of a contract in a particular way, an amendment alleging a breach of the same contract in a different manner is subject to dismissal on demurrer, where the amendment is not offered as a new or separate count to the original petition. Dundee Woolen Mills v. Edison, 17 Ga. App. 245 (3) (86 S. E. 414) ; Flynt v. Southern Ry. Co., 7 Ga. App. 313 (2) (66 S. E. 957); Southern Ry. Co. v. McCrary, 55 Ga. App. 406 (2) (190 S. E. 195).

2. Applying the foregoing rulings to the facts of this case, the court erred in overruling the demurrer to the amendment which was not offered as a new count to the original petition. And that error rendered the further proceedings nugatory.

Judgment reversed.

MacIntyre and Gardner, JJ., concur.

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