Stewart v. Peerless Furniture Co.

Where agency is expressly averred a general allegation is sufficient. Where, as in the instant case, the agency is expressly alleged by a general allegation and the business of the principal on which the agent was alleged to have been acting was described, and there are no allegations of specific facts which show that there was no agency, the petition is not subject to general demurrer for the reason that the allegations of agency constitute a mere conclusion of the pleader without facts alleged to support such a conclusion. Here the agency was expressly averred, and the business on which the…