Legal Opinion
STERLING MATERIALS COMPANY, INC. v. McKinley
Supreme Court of Georgia
Decided January 16, 1963No. 21843PublishedCited by 13 opinions
1Opinion of the Court
Mobley Justice.
1. When a pleading is considered on demurrer it is construed against the pleader in light of his omissions as well as his averments; his failure to allege essential facts and his reliance upon allegations short of such facts will be construed to mean the absence of such essential facts. Hulsey v. Interstate Life &c. Ins. Co., 207 Ga. 167 (2) (60 SE2d 353). Specific allegations will control over general allegations. Jackson v. Copeland, 217 Ga. 420, 422 (122 SE2d 573). Good pleading requires the pleader to state ultimate facts rather than legal conclusions. City of Carrollton v.…
2Cases cited8 opinions
- Hulsey v. Interstate Life & Accident InsuranceSupreme Court of Georgia · 1950
- Vicksburg, Shreveport & Pacific Ry. v. DeBowSupreme Court of Georgia · 1919
- Southeastern Distributing Co. v. Nordyke & Marmon Co.Supreme Court of Georgia · 1924
- Allied Finance Co. v. ProsserCourt of Appeals of Georgia · 1961
- Dutton v. FreemanSupreme Court of Georgia · 1957
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Covil v. Robert & Co. AssociatesCourt of Appeals of Georgia · 1965
- Coe & Payne Co. v. Wood Mosaic Corp.Court of Appeals of Georgia · 1972
- Lamex, Inc. v. Sterling Extruder Corp.Court of Appeals of Georgia · 1964
- Buckhead Doctors' Building, Inc. v. Oxford Finance Companies, Inc.Court of Appeals of Georgia · 1967
- Buckhead Doctors' Building, Inc. v. Oxford Finance Companies, Inc.Court of Appeals of Georgia · 1967
8 more not listed; retrieve them via the Exa API.