The CPA did not wipe out or destroy the law in Georgia to the effect that a party to an action is bound by material allegations made in his pleadings so long as they remain in his pleadings. Rogers Lumber Co. v. Smith, 91 Ga. App. 632, 634 ( 86 S.E.2d 640); Carter v. Gen. Finance c. Corp., 96 Ga. App. 423, 426 (2) ( 100 S.E.2d 99); Community Loan c. Co. v. Bachmann-Uxbridge Worsted Corp., 96 Ga. App. 586, 588 (2) ( 100 S.E.2d 602); Grigsby v. Fleming, 96 Ga. App. 664, 665 (1) ( 101 S.E.2d 217); Head v. Lee, 203 Ga. 191, 203 (8) ( 45 S.E.2d 666); Mitchell v. Arnall, 203 Ga. 384, 386 (8) ( 47 S.E.2d 258); Corr v. Corr, 213 Ga. 699, 701 ( 100 S.E.2d 922); Brittain v. Reid, 220 Ga. 794, 797 (2) ( 141 S.E.2d 903); plus citations in all the above cases. So, at the time the motion to dismiss in this case was granted, the plaintiff could not prove a case of liability against the defendant.
Where the testimony of a party is equivocal or contradictory it must be construed most strongly against him. Wood v. Frank Graham Co., 91 Ga. App. 621, 627 ( 86 S.E.2d 691). Admissions made in an answer are conclusive against the defendant so long as they remain in the pleadings. Rogers Lumber Co. v. Smith, 91 Ga. App. 632, 634 ( 86 S.E.2d 640), and citations. The defendant admitted the existence of the "listing" in his answer, and the testimony of the wife of the defendant that she had called the plaintiff prior to the time when the purchaser was procured and told him that she and the defendant had decided not to sell the house was without probative value in view of the admission in the pleading that the "listing" was in existence.