The petition in this case plainly sot out an action for damages sounding in tort, and the recital therein of a contract may be treated merely as showing the relationship of the parties. The court erred in sustaining the demurrer interposed and in dismissing the petition. Paine v. Watters, 9 Ga. App. 265 (70 S. E. 1114).
Judgment reversed.
Jenkins, P. J., and Smith, J., concur. Emmett Smith, Buford Boykin, for plaintiff. Leon Ilood,.II. 0. Strickland, for defendant.