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McCLURE v. PHILLIPS

41418.

112 Ga. App. 208 (1965)

144 S.E.2d 563

McCLURE v. PHILLIPS.

Court of Appeals of Georgia.

Decided September 8, 1965.

Attorney(s) appearing for the Case

George M. Scheer, Jr., Shoob & McLain, for plaintiff in error.

Fryer, Harp & Turk, Joel J. Fryer, contra.

FRANKUM, Judge.

1. The simplest test of the sufficiency of a petition to withstand a general demurrer is whether the defendant can admit all that is alleged in the petition and escape liability. If he can, of course, the petition fails to state a cause of action; if he cannot escape liability, then the petition does state a cause of action. Harvey v. Zell, 87 Ga.App. 280, 284 (1d) (73 S.E.2d 605

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