Gibson v. KINCAID

Concurring Opinion.

Faulconer, J.

— I concur in the result reached in the majority opinion. However, I am of the opinion that the judgment of the trial court should be affirmed for the following reasons.

This is an appeal from a judgment entered for defendantsappellees when plaintiff-appellant refused to plead over after the trial court sustained defendants’ demurrers to plaintiff’s amended complaint.

Plaintiff-appellant brought suit in three paragraphs of amended complaint. The first paragraph of amended complaint *197was against appellees, Kincaid and Smith, and alleged that certain remarks made by…