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Georgia Court of Appeals, 1924

Edgley v. Columbus Iron Works Co.

Edgley v. Columbus Iron Works Co.
Georgia Court of Appeals · Decided June 10, 1924 · Bdoodwoktii
32 Ga. App. 426; 123 S.E. 748; 1924 Ga. App. LEXIS 436

Edgley v. Columbus Iron Works Co.

Opinion of the Court

Bdoodwoktii, J.

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.

Broyles, C. J., and Luke, J., concur. M. H. Norris, for plaintiff. A. W. Gozarb, for defendant.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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