Culverhouse v. Wofford

1. While it is true that, where a petition, sets forth a cause of action under any theory, it is error to dismiss the petition as against a general demurrer (Wometco Theatres v. United Artists Corp., 53 Ga. App. 509, 511 (1), 186 S. E. 572); and, while the petition contains some of the elements of an action for fraud and deceit, and some of the elements of an action for breach of warranty, it fails to state a cause of action for either.(a) Construed as an action for fraud and deceit, the petition does not allege generally, or facts from which the inference could be drawn, that the defendant…