139 Ga. 532 | Ga. | 1913
Suit was brought against certain railroad companies, on a petition containing two counts. In the first it was alleged, that the plaintiff had been injured in a manner rendering the defendants liable; that they had entered into a written contract of settlement with him, by one of the terms of which the defendants were to give him permanent employment; and that they had failed to comply therewith. A copy of the paper claimed to be a written contract was set out in full, and judgment was prayed for its breach. By the second count, the same injury and the making of the same written contract were alleged. It was also alleged, that the agreement between the plaintiff and the defendants was that they were to furnish him permanent work as soon as he recovered his health and his wounds had healed; that “by mistake
When the first count was stricken, there was no longer any • attempt to sue upon the writing, as it stood, as being a contract. Nothing was left except an effort to reform the alleged written contract and obtain a judgment for its breach as reformed. . The . proposed amendment alleged that there was a parol contract of.
Judgment affirmed.