DeWes Enterprises, Inc. v. Town & Country Carpets, Inc., 48775
Decision Date | 23 January 1974 |
Docket Number | No. 48775,No. 2,48775,2 |
Parties | DeWES ENTERPRISES, INC. v. TOWN & COUNTRY CARPETS, INC., et al |
Court | Georgia Court of Appeals |
Lipshutz, Macey, Zusmann & Sikes, Bartow Cowden, III, Atlanta, for appellant.
Jack K. Bohler, East Point, for appellees.
Syllabus Opinion by the Court
This appeal is taken by DeWes Enterprises, Inc. (hereinafter, 'defendant') from adverse rulings below on two motions made by it in a suit brought against it by Town & Country Carpets, Inc. After reciting jurisdictional facts, the complaint alleged that 'Defendants are indebted to Plaintiff for carpets purchased by Defendants in the amount of $3,411.29 principal, plus $159.20 interest.' The complaint then alleged prior demand and failure to pay, and made demand for judgment. In response, defendant moved under Code Ann. § 81A-112(e) for a more definite statement on grounds that the complaint failed to state its theory of indebtedness, whether contract, tort, or open account, and additionally failed to designate the dates of the alleged purchase or purchases which, if disclosed might indicate a defense under the Statute of Limitations or a defense to the claim for interest. Defendant also filed a 'Motion for Production of Documents for Inspection and Copying,' under Code Ann. § 81A-134, without first requesting the same from the opposing party under the provisions of that section. Both motions were denied, and this appeal is taken with a certificate of immediate review.
1. Defendant's motion for a more definite statement is based upon Code Ann. § 81A-112(e), which, except for one difference noted below, is identical to Federal Rule 12. Comments on the Federal Rule are as follows: ...
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