Dell v. Suggs

Supreme Court of Georgia

Dell v. Suggs

87 S.E.2d 72, 211 Ga. 525, 1955 Ga. LEXIS 374

Supreme Court of Georgia·Decided April 1, 1955·No. 18891·Published

Opinion

Duckworth, Chief Justice.

Since the amended petition, seeking to recover an alleged partner’s share of profits realized by a partnership of which he was a member in the operation of a real-estate brokerage business, alleges that the partnership was duly licensed, which means a license in complete conformity with Code § 84-1415, thus completely rebutting any contention that the petitioner unlawfully operated and hence can [526]*526not recover, a cause of action is alleged, and the court did not err in overruling the general demurrer.

Argued February 16, 1955 Decided April 1, 1955. Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiffs in error. Noah J. Stone, Joseph J. Fine, F. H. Boney, contra.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

Since the amended petition, seeking to recover an alleged partner’s share of profits realized by a partnership of which he was a member in the operation of a real-estate brokerage business, alleges that the partnership was duly licensed, which means a license in complete conformity with Code § 84-1415, thus completely rebutting any contention that the petitioner unlawfully operated and hence can [526]*526not recover, a cause of action is alleged, and the court did not err in overruling the general demurrer.

Argued February 16, 1955 Decided April 1, 1955. Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiffs in error. Noah J. Stone, Joseph J. Fine, F. H. Boney, contra.

Judgment affirmed.

All the Justices concur.

Dell v. Suggs, 87 S.E.2d 72, 211 Ga. 525, 1955 Ga. LEXIS 374 (Ga. 1955).

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