Opinion
38113.
DECIDED DECEMBER 2, 1960.
Money had and received. Floyd City Court. Before Judge Maddox. November 30, 1960.
James Maddox, for plaintiff in error.
Wright, Rogers, Magruder Hoyt, Clinton J. Morgan, contra.
This court having, in Milam v. Adams, 101 Ga. App. 880 ( 115 S.E.2d 252) affirmed the judgment of the trial court overruling the general demurrer to the petition, and that judgment having been reversed in Milam v. Adams, 216 Ga. 440 ( 117 S.E.2d 343), the judgment of this court in Milam v. Adams, 101 Ga. App. 880, supra, is hereby vacated, and the judgment of the trial court overruling the general demurrer to the petition is reversed in accordance with the opinion of the Supreme Court.
Judgment reversed. Carlisle, Frankum and Jordan, JJ., concur.