AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

NATIONAL ADVERTISING COMPANY v. NORTH AMERICAN INSURANCE REALTY COMPANY, INC.

EBERHARDT, Judge.

1. Exhibits attached to a petition control over its general allegations. Gaines v. Sheldon Simms Co., 119 Ga. App. 870 ( 169 S.E.2d 126); Gilham v. Stamm Co., 117 Ga. App. 846 ( 162 S.E.2d 248); Williams v. Appliances, Inc., 91 Ga. App. 608 (4) ( 86 S.E.2d 632); Spiegel v. Hays, 103 Ga. App. 293, 297 ( 119 S.E.2d 123); J. G. T., Inc. v. Brunswick Corp., 119 Ga. App. 719 (1) ( 168 S.E.2d 847). Solemn admissions in judicio as made in the pleadings are conclusive against the party making them, unless formally withdrawn from the pleadings ( Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455)), and a party to a suit will not be allowed to disprove an admission made in his pleadings, unless it has been withdrawn from the record. Head v. Lee, 203 Ga. 191 (8) ( 45 S.E.2d 666). Consequently defendant's motion for summary judgment was properly granted where plaintiff brought suit against the corporate defendant, doing business under a trade name, "upon an account which is now due, copy of which is hereto attached, marked `Exhibit A' and made a part of this petition by reference thereto," and where the statement of the account attached to the complaint shows the debtor to be an individual doing business under the trade name. Williams v. Appliances, Inc., 91 Ga. App. 608 (4), supra; Gilham v. Stamm Co., 117 Ga. App. 846, supra; Gaines v. Sheldon Simms Co., 119 Ga. App. 870, supra. Cf. Lamas Company, Inc. v. Baldwin, 120 Ga. App. 149 ( 169 S.E.2d 638).

2. Defendant's remaining contentions need not be considered.

Judgment affirmed. Jordan, P. J., and Pannell, J., concur.

ARGUED SEPTEMBER 10, 1970 — DECIDED SEPTEMBER 22, 1970.
Use AI to get other relevant cases.

Comments

NATIONAL ADVERTISING CO. v. NORTH AMERICAN INS
(Sep 22, 1970)