James v. Smith

The only question for this court to decide is whether or not as a matter of law the court erred in sustaining the general demurrer. The Supreme Court in Krueger v. MacDougald, 148 Ga. 429 (96 S. E. 867) said: “It is an elementary rule of construction as applied to a pleading, that [on demurrer] it is to be construed most strongly against the pleader; and that 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.” In Butler v. Jones, 85…