Legal Opinion
Conaway v. McCrory Stores Corp.
Court of Appeals of Georgia
Decided July 7, 1950No. 32869PublishedCited by 29 opinions
1Opinion of the CourtMacIntyre, P.J.
“It is an elementary rule of construction, as applied to a pleading, that it is to be construed most strongly against the pleader; and that if an inference unfavorable to the right of a party claiming a right under such a pleading may be fairly drawn from the facts stated therein, such inference, on demurrer, will prevail in determining the rights of the parties. Krueger v. MacDougald, 148 Ga. 429 (1) (96 S. E. 867). . .
“It is an established rule of pleading that conclusions in conflict with the pleaded facts are to be disregarded (Flynt v. Southern Railway Co., 7 Ga. App. 313 (1), 316, 66 S.…
2Cases cited12 opinions
- S. S. Kresge Co. v. FaderOhio Supreme Court · 1927
- Krueger v. MacDougaldSupreme Court of Georgia · 1918
- McCrory Stores Corporation v. AhernCourt of Appeals of Georgia · 1941
- Moore v. Seaboard Air-Line Railway Co.Court of Appeals of Georgia · 1923
- Hill v. Davison-Paxon Co.Court of Appeals of Georgia · 1950
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Alterman Foods, Inc. v. LigonSupreme Court of Georgia · 1980
- Gibson v. Consolidated Credit Corp.Court of Appeals of Georgia · 1964
- Boatright v. Rich's, Inc.Court of Appeals of Georgia · 1970
- Martin v. HensonCourt of Appeals of Georgia · 1957
- Wallace v. JC Penny Co., Inc.Mississippi Supreme Court · 1959
24 more not listed; retrieve them via the Exa API.