Comstock v. Tarbush

1. The Supreme Court transferred this case to this court (Comstock v. Tarbush, 200 Ga. —, 37 S. E. 2d, 148), which necessarily means that the court did not err in sustaining the demurrers insofar as they attacked the petition for failure to show that the plaintiff was entitled to equitable relief.

2. “Even though a plaintiff might not be entitled to equitable relief under his averments or prayers, the petition should not be dismissed on general demurrer if it states a cause of action good at law, since in such a case he would be entitled to prove and enforce his strictly legal rights and…