Opinion
45521.
ARGUED SEPTEMBER 10, 1970.
DECIDED SEPTEMBER 22, 1970.
Action on account. Augusta Municipal Court. Before Judge Cooper.
Lester Lester, C. Christopher CoCroft, Jr., for appellant.
Jay M. Sawilowsky, for appellee.
1. Exhibits attached to a petition control over its general allegations. Gaines v. Sheldon Simms Co., 119 Ga. App. 870 ( 169 S.E.2d 126); Gilham v. Stamm Co., 117 Ga. App. 846 ( 162 S.E.2d 248); Williams v. Appliances, Inc., 91 Ga. App. 608 (4) ( 86 S.E.2d 632); Spiegel v. Hays, 103 Ga. App. 293, 297 ( 119 S.E.2d 123); J. G. T., Inc. v. Brunswick Corp., 119 Ga. App. 719 (1) ( 168 S.E.2d 847). Solemn admissions in judicio as made in the pleadings are conclusive against the party making them, unless formally withdrawn from the pleadings ( Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455)), and a party to a suit will not be allowed to disprove an admission made in his pleadings, unless it has been withdrawn from the record. Head v. Lee, 203 Ga. 191 (8) ( 45 S.E.2d 666). Consequently defendant's motion for summary judgment was properly granted where plaintiff brought suit against the corporate defendant, doing business under a trade name, "upon an account which is now due, copy of which is hereto attached, marked `Exhibit A' and made a part of this petition by reference thereto," and where the statement of the account attached to the complaint shows the debtor to be an individual doing business under the trade name. Williams v. Appliances, Inc., 91 Ga. App. 608 (4), supra; Gilham v. Stamm Co., 117 Ga. App. 846, supra; Gaines v. Sheldon Simms Co., 119 Ga. App. 870, supra. Cf. Lamas Company, Inc. v. Baldwin, 120 Ga. App. 149 ( 169 S.E.2d 638).
2. Defendant's remaining contentions need not be considered.
Judgment affirmed. Jordan, P. J., and Pannell, J., concur.