
    39022.
    JONES v. PETERS et al.
    
    Decided September 19, 1961
    Rehearing denied October 5, 1961.
    
      
      Almon, Clien & McGregor, Everett L. Almon, for plaintiff in error.
    
      Thomas E. Moran, contra.
   Hall, Judge.

Neither the original petition nor the amended petition alleges the terms of payment or the time the sum owed by the defendant was due to be paid. A petition seeking to recover a sum of money alleged to be due by the defendant to the n-tiff which does not allege that the sum was past due at the time °£ the filing of the petition does not set forth a cause of action. Five Minute vxdbuwrisia-aT iítn?, Ct?._&. «.<7. 23 Ga. App 641 (99 SE 225).

Judgment affirmed.

Felton, C. J., and Bell, J., concur.  