PARSONS, INC. v. YOUNGBLOOD

39181.

105 Ga. App. 583 (1962)

125 S.E.2d 518

PARSONS, INC. v. YOUNGBLOOD.

Court of Appeals of Georgia.

Rehearing Denied March 29, 1962.


Attorney(s) appearing for the Case

Haas, Dunaway, Shelfer & Haas, George A. Haas, Hugh F. Newberry, for plaintiff in error.

Bass, Burger, Kidd & Rich, Casper Rich, contra.


JORDAN, Judge.

1. It is contended that the allegations of paragraphs 8 and 9 are conclusions of the pleader in that they are contradicted by the allegations of fact contained in paragraph 10. To sustain the demurrer, the court would necessarily have to take judicial notice of a physical law to the effect that because a mass placed precariously on end for a period of time remains upright, the fact that it eventually topples shows some other reason than the precarious...

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