Port Wentworth Lumber Co. v. McLean

• Decision Date: 22 October 1918
• Docket Number: 9636.
• Citation: 97 S.E. 194,22 Ga.App. 737
• Parties: PORT WENTWORTH LUMBER CO. v. MCLEAN.
• Court: Georgia Court of Appeals

97 S.E. 194

22 Ga.App. 737

PORT WENTWORTH LUMBER CO. v. MCLEAN.

No. 9636.

Court of Appeals of Georgia, Second Division

October 22, 1918

Syllabus by the Court.

The demurrer to the petition was properly overruled. "The defense of statute of frauds can be raised by demurrer to the petition only when the facts alleged in the petition affirmatively show that the contract is oral and that there has not been such performance as to raise an exception." Marks v. Talmadge, 8 Ga.App. 557, 69 S.E. 1131; Kinney v. Kinney, 20 Ga.App. 816, 93 S.E. 496.

Error from City Court of Savannah; Davis Freeman, Judge.

Action by H. D. McLean against the Port Wentworth Lumber Company. Demurrer to petition overruled, and defendant brings error. Affirmed.

Hitch & Denmark, of Savannah, for plaintiff in error.

Seabrook & Kennedy, of Savannah, for defendant in error.

BLOODWORTH, J.

Judgment affirmed.

BROYLES, P.J., and HARWELL, J., concur.