Hillhouse v. C. W. Matthews Contracting Co.

Nichols, Presiding Judge.

“It is a well settled rule that pleadings must be construed in the light of their omissions as well as their averments. Houston v. Pollard, 217 Ga. 184 (121 SE2d 629); Strother v. Kennedy, 218 Ga. 180, 186 (127 SE2d 19).” Reserve Ins. Co. v. Campbell, 107 Ga. App. 311, 313 (130 SE2d 236). And if an inference unfavorable to the right of the party claiming a right under such pleadings may be fairly drawn from the facts stated therein, such inference will prevail in determining the rights of the parties. See Chalverus v. Wilson Mfg. Co., 212 Ga. 612 (1) (94 SE2d 736),…