Gerrell v. Davis Constr. & Engineers, Inc., 157 S.E.2d 327 (Ga. Ct. App. 1967). · Go Syfert
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Gerrell v. Davis Constr. & Engineers, Inc., 157 S.E.2d 327 (Ga. Ct. App. 1967). Cases Citing This Book View Copy Cite
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GERRELL
v.
DAVIS CONSTRUCTION & ENGINEERS, INC.
42990.
Court of Appeals of Georgia.
Sep 15, 1967.
157 S.E.2d 327
1967 Ga. App. LEXIS 797
Charles W. Hill, Owens & Porter, for appellant., Perry, Walters, Langstaff & Lippitt, Robert B. Langstaff, for appellee.
Eberhardt.
Published
Eberhardt, Judge.

1. Where a grading contractor brought suit against another contractor seeking to recover a balance alleged to be due and for which “defendant obligated to pay plaintiff,” for services performed in the grading and moving of dirt on land of a third party, who was not a party to the action, allegations and exhibits relative to the recording of a claim for lien against the land and a prayer for special judgment foreclosing a lien thereon, being wholly inappropriate to the action (Cf. Buck v. Tifton Mfg. Co., 4 Ga. App. 695[*320] (62 SE 107); Chambers Lmbr. Co. v. Gilmer, 60 Ga. App. 832, 835 (5 SE2d 84)), are to be regarded as surplusage in determining whether the petition can withstand a general demurrer.

Submitted September 5, 1967 Decided September 15, 1967. Charles W. Hill, Owens & Porter, for appellant. Perry, Walters, Langstaff & Lippitt, Robert B. Langstaff, for appellee.

2. Where the petition contains the bare essentials of a common law action on contract and prays for a general judgment as damages for its breach a general demurrer should be overruled.

Judgment reversed.

Felton, C. J., and Hall, J., concur.