Edgley v. Columbus Iron Works Co.
This text of 123 S.E. 748 (Edgley v. Columbus Iron Works 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
The petition contains allegations appropriate' to an action to recover damages for a breach of a contract or for damages founded in tprt. The petition having been demurred to as duplicitous, and the plaintiff not having elected which cause of action he would pursue, the demurrer was properly sustained. Brooks v. Tucker, 29 Ga. App. 795 (116 S. E. 552), and eases cited; Central Railroad Co. v. Pickett, 87 Ga. 734 (1), 735 (1) (13 S. E. 50).
Judgment affirmed.
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Cite This Page — Counsel Stack
123 S.E. 748, 32 Ga. App. 426, 1924 Ga. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edgley-v-columbus-iron-works-co-gactapp-1924.