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Lawskills.com Georgia Caselaw
DELL et al. v. SUGGS.
18891.
DUCKWORTH, Chief Justice.
Petition for injunction. Before Judge Hendrix. Fulton Superior Court. November 24, 1954.
Since the amended petition, seeking to recover an alleged partner's share of profits realized by a partnership of which he was a member in the operation of a real-estate brokerage business, alleges that the partnership was duly licensed, which means a license in complete conformity with Code 84-1415, thus completely rebutting any contention that the petitioner unlawfully operated and hence can not recover, a cause of action is alleged, and the court did not err in overruling the general demurrer.
This is a case involving an accounting of profits for certain years, dissolution of an alleged partnership, and for injunctive relief to prevent the selling, encumbering, or distribution of the assets of a realty company, the alleged partnership business. The allegations of the petition do not state all the business ventures from which profits were made; but, in connection with the sale of real estate and the selling of insurance, the petitioner does allege that the partnership was "duly licensed as a real estate broker and . . . was authorized to conduct real-estate brokerage and the writing of insurance," and he alleges that he was not to take an active part and was not to act as a real-estate salesman, and he did not sell or offer to sell any real estate as a broker or salesman. After a hearing on a demurrer filed thereto, which was renewed after amendment, the demurrer was overruled, and the exception here is to that judgment.
Noah J. Stone, Joseph J. Fine, F. H. Boney, contra.
Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., for plaintiffs in error.
ARGUED FEBRUARY 16, 1955 -- DECIDED APRIL 1, 1955.
Saturday May 23 02:53 EDT


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