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MURRAY v. RELIANCE MORTGAGE & REALTY COMPANY et al.; and vice versa.
MURRAY v. RELIANCE MORTGAGE & REALTY COMPANY et al.; and vice versa.
MURRAY v. RELIANCE MORTGAGE & REALTY COMPANY et al.; and vice versa.
42276.
42312.
42277.
42313.
42278.
42314.
HALL, Judge.
Complaint. Walker Superior Court. Before Judge Coker.
In each of three eases raising the same issue the plaintiff appeals from a judgment sustaining the defendant's general demurrer to his petition. In each case the plaintiff sought a personal judgment against Reliance Mortgage & Realty Company for an indebtedness for lumber and building materials.
The plaintiff contends in his brief that it could be found from the facts that McCullough in purchasing the materials from the plaintiff acted as the agent of Reliance so as to make Reliance liable for the debt. The allegations of the petition as a whole are insufficient to show that McCullough was the agent of Reliance in purchasing the materials. Morgan v. May Realty Co., 86 Ga. App. 261, 264 (71 SE2d 438); cf. Longino v. Garner, 102 Ga. App. 680 (117 SE2d 259).
The case of Bryant v. Ellenburg, 106 Ga. App. 510 (127 SE2d 468) upon which the plaintiff relies, recognizes certain facts which would cause the grantee of a deed to lose his priority over a materialman's lien. If we assumed that any of these facts were sufficiently alleged, that case would not be controlling of this action which, as against the defendant Reliance, was for a general judgment.
The trial court did not err in sustaining the general demurrers of the defendant Reliance in Cases Nos. 42276, 42277, and 42278. It is unnecessary to decide the cross appeals, Cases Nos. 42312, 42313, and 42314.
A. W. Cain, Jr., Luther Frank McCullough, pro se, for appellees.
Frank M. Gleason, for appellant.
ARGUED SEPTEMBER 13, 1966 -- DECIDED OCTOBER 31, 1966.
Friday May 22 20:22 EDT


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