CANDLER, Justice.
(After stating the foregoing facts.) 1. As shown by our statement of facts, the court sustained a motion in the nature of a general demurrer and struck the defendant's answer and cross-action, and for these reasons we think that the judgment complained of is erroneous:
(a) It was held by this court in Banks v. Howard, 117 Ga. 94 (43 S. E. 438): "Contracts under which one of the contracting parties agrees with the other, for...
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