Supreme Court of Georgia May 16, 1930, No. 7728 (Natiional Ben Franklin Fire Insurance v. McGann)

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United States · · · 16-05-1930

Gilbert, J.

1. Where a plaintiff bases his suit to reform a contract on allegations which show that he has no right to maintain the suit, either as the contract was executed or as he seeks to have it reformed, it is subject to general demurrer. It does not convert such fatally defective petition into a good cause of action if such plaintiff bring the suit “for the use” of another.

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