BROYLES, C. J.
1. Where a petition alleges a breach of a contract in a particular way, an amendment alleging a breach of the same contract in a different manner is subject to dismissal on demurrer, where the amendment is not offered as a new or separate count to the original petition. Dundee Woolen Mills v. Edison, 17 Ga. App. 245 (3) ( 86 S.E. 414); Flynt v. Southern Ry. Co., 7 Ga. App. 313 (2) ( 66 S.E. 957); Southern Ry. Co. v. McCrary, 55 Ga. App. 406 (2) ( 190 S.E. 195).
2. Applying the foregoing rulings to the facts of this case, the court erred in overruling the demurrer to the amendment which was not offered as a new count to the original petition. And that error rendered the further proceedings nugatory.
Judgment reversed. MacIntyre and Gardner, JJ., concur.
DECIDED NOVEMBER 7, 1942.