CLARK v. KELLY

21403.

217 Ga. 449 (1961)

122 S.E.2d 731

CLARK v. KELLY, Executrix.

Supreme Court of Georgia.

Decided November 9, 1961.

Rehearing Denied November 21, 1961.


Attorney(s) appearing for the Case

Maurice N. Maloof, George Durden, for plaintiff in error.

Howard & Storey, contra.


MOBLEY, Justice.

1. The motion to dismiss the writ of certiorari is without merit.

2. In construing the petition as amended, the Court of Appeals held that two of the paragraphs in the petition were in irreconcilable conflict as to representations made by the defendant Kelly, pointing out that paragraph 34 of the petition charges "that defendant Kelly by his conduct and representations induced petitioner and her husband and agent to believe that he had...

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