133 Ga. 446 | Ga. | 1909
Jones, Newton & Co. sued M. A. Shaw for breaches of a contract of sale by defendant to plaintiffs of certain turpentine property, including leases, specified personalty connected therewith, and the good will of the business, and for the failure of the defendant to comply with his agreement to put in good condition a designated telephone line used in connection with the business. The defendant demurred generally to the petition. The demurrer was overruled, and exceptions pendente lite were filed by the defendant. There was a verdict in favor of the plaintiffs, and to the overruling of a motion for a new trial the defendant excepted, but failed to assign error upon the exceptions pendente lite either in the main bill of exceptions or in this court.
Judgment reversed.