Goodyear Clearwater Mills v. Wheeler

A petition is subject to general demurrer if all the essential elements of the cause of action are not alleged, for if one is lacking the petition is not sufficient. In other words, to withstand a general demurrer all such essential elements must be alleged by setting forth evidentiary or preliminary facts which would demand, as a matter of law, a conclusion that a cause of action existed. See Bivins v. Tucker, 41 Ga. App. 771, 774 (154 S. E. 820).

While a petition is sufficient to withstand a general demurrer if all the essential elements constituting the gist of the cause of action are…