Southern Wire & Iron, Inc. v. American Casualty Co.
Southern Wire & Iron, Inc. v. American Casualty Co.
Opinion of the Court
1. The defendant relies on the case of Parker Heating Co. v. Minneapolis-Honeywell Regulator Co., 102 Ga. App. 27 (115 S. E. 2d 410), to support its contention that the exhibit attached to the petition wa's insufficient and that its demurrers pointing out such defects should have been sustained. In that case there was no allegation as to items of merchandise or services sold, nor did the exhibit attached to the petition disclose such information and the defendant was not apprized of the nature of the claim against him so as to enable him to prepare his defense, nor was the pleader, under the allegations, confined to a particular cause of action. See also Kilgore v. Gulf Oil Corp., 102 Ga. App. 619 (117 S. E. 2d 199), where it was held that, in an action on an open account by an oil company the bill of particulars merely set forth monthly totals of “petroleum products, services and auto accessories,” such bill of particulars was insufficient to confine the plaintiff to a particular cause of action and fairly apprize the defendant of the character of the claim against him. Such is not the case here, for the bill of particulars in the present case confined the plaintiff to a recovery on specified insurance policies, and the information given did apprize the defendant of the
The bill of particulars in the case sub judice was sufficient and the defendant’s special demurrers thereto were properly overruled, and the general demurrer, based on the special demurrers being sustained, was properly overruled.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.