Hubert v. Beale Roofing, Inc.

Deen, Presiding Judge.

The appellant contends that since a pleading should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support which would entitle him to relief (Cochran v. McCollum, 233 Ga. 104, 210 SE2d 13 (1974)) and since the bond was ambiguous, this court, after drawing all inferences in favor of the pleader (Bulloch County Hospital Authority v. Fowler, 124 Ga. App. 242 (1-b) (183 SE2d 586) (1971)) should allow the claim to go to the jury. The only basis for this conclusion is the allegedly ambiguous language…