Opinion
42990.
SUBMITTED SEPTEMBER 5, 1967.
DECIDED SEPTEMBER 15, 1967.
Action on contract. Dougherty Superior Court. Before Judge Sabados.
Charles W. Hill, Owens Porter, for appellant.
Perry, Walters, Langstaff Lippitt, Robert B. Langstaff, for appellee.
1. Where a grading contractor brought suit against another contractor seeking to recover a balance alleged to be due and for which "defendant obligated to pay plaintiff," for services performed in the grading and moving of dirt on land of a third party, who was not a party to the action, allegations and exhibits relative to the recording of a claim for lien against the land and a prayer for special judgment foreclosing a lien thereon, being wholly inappropriate to the action (Cf. Buck v. Tifton Mfg. Co., 4 Ga. App. 695 ( 62 S.E. 107); Chambers Lmbr. Co. v. Gilmer, 60 Ga. App. 832, 835 ( 5 S.E.2d 84)), are to be regarded as surplusage in determining whether the petition can withstand a general demurrer.
2. Where the petition contains the bare essentials of a common law action on contract and prays for a general judgment as damages for its breach a general demurrer should be overruled.
Judgment reversed. Felton, C. J., and Hall, J., concur.