NEW CIGAR CO. v. THE BROKEN SPUR, INC.

38739.

103 Ga. App. 395 (1961)

119 S.E.2d 133

NEW CIGAR COMPANY v. THE BROKEN SPUR, INC., et al.

Court of Appeals of Georgia.

Decided March 17, 1961.


Attorney(s) appearing for the Case

Smith, Swift, Currie, McGhee & Hancock, Tom Watson Brown, for plaintiff in error.

Greene, Neely, Buckley & DeRieux, John D. Jones, Moise, Post & Gardner, J. William Gibson, contra.


FRANKUM, Judge.

Upon consideration of a general demurrer the petition must be strictly construed against the pleader, and "if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties." Krueger v. MacDougald, 148 Ga. 429 (1) (96 S. E. 867). And the petition must be construed in light of its omissions as well as...

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