145 Ga. 795 | Ga. | 1916
1. When this case was formerly before the Supreme Court (142 Ga. 308, 82 S. E. 887), among other things it was held, in substance, as follows: Where one entered into an entire contract to sell several articles of personalty to be used in the construction of a building,
2. This case is here upon exception to the refusal to allow the plaintiff to amend its petition in certain respects, and to the making of the judgment of the Supreme Court the judgment of the court below, and dismissing the action. In determining the correctness of these rulings the condition of the trover suit at the time when such rulings were made can not be considered, except in so far as it appears on the face of the proceedings. Eeferenees thereto in the briefs of counsel can not bring such facts before this court. The plaintiff, having the right to amend its petition both in the matter of form and substance, had the right to strike allegations contained in its original petition in regard to bringing a trover suit. What facts may be developed on the trial of this case, or the trover case, as to an election, is not now before us.
Judgment reversed.