Pugh v. Frank Jackson Lincoln-Mercury, Inc.
Decision Date | 12 September 1979 |
Docket Number | No. 58257,INC,LINCOLN-MERCUR,58257 |
Citation | 151 Ga.App. 320,259 S.E.2d 711 |
Parties | PUGH v. FRANK JACKSON |
Court | Georgia Court of Appeals |
W. A. Dinges, Atlanta, for appellant.
Warren W. Wills, Jr., Nicholas C. Moraitakis, Atlanta, for appellee.
The defendant appeals from an order dismissing its counterclaim. Held :
1. The plaintiff, appellee, contends that the dismissal of a counterclaim is not appealable without complying with Code Ann. § 6-701(a)2 ( ). However, 3 days after the order on the counterclaim the plaintiff dismissed the complaint. Hence, the cause is no longer pending in the court below and the judgment complained of was appealable directly.
2. The thrust of the plaintiff's complaint was that the defendant had fraudulently misrepresented the mileage on an automobile which it sold the plaintiff. In 2 counts damages were sought for 1) knowing misrepresentation and 2) violation of the Odometer Disclosure Act, 15 U.S.C. § 1981 et seq.
The defendant in its counterclaim alleged as follows:
Under the allegations made and in the context therein we find the trial judge correctly granted the plaintiff's motion to dismiss the counterclaim.
In Poole v. City of Atlanta, 117 Ga.App. 432, 434, 160 S.E.2d 874, 875, we expounded the principles relevant to a motion to dismiss a complaint. " ' " Accord, Myers v. Clark, 126 Ga.App. 154(1), 190 S.E.2d 134; Hancock v. City of Dalton, 131 Ga.App. 178, 182, 205 S.E.2d 470. Here, in the court's consideration of the counterclaim "we will not infer or conjure up facts which might support a claim Unless there is something to suggest that such facts exist." Rossville Fed. Savings etc. Assn. v. Ins. Co. of N. A., 121 Ga.App....
To continue reading
Request your trial-
Lord v. Lowe
...there still “must be some legal basis for recovery.” (Citation and punctuation omitted.) Pugh v. Frank Jackson Lincoln–Mercury, Inc., 151 Ga.App. 320, 322(2), 259 S.E.2d 711 (1979). “A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.” OCGA......
-
Davidson v. Baier Corp., 58139
... ... Warrior Constructors, Inc. v. E. C. Ernst Co., 127 Ga.App. 839, 840, 195 S.E.2d 261 ... ...
-
Barber v. Collins
...under that code section. Poole v. City of Atlanta, 117 Ga.App. 432, 433(2), 160 S.E.2d 874 (1968); Pugh v. Frank Jackson Lincoln-Mercury, 151 Ga.App. 320, 322, 259 S.E.2d 711 (1979). Judgment BANKE, P.J., and CARLEY, J., concur. ...