Rich's, Inc. v. Denmon

Townsend, Judge.

This petition was brought in two counts, alleging the same cause of action in substantially the same manner except for certain variances designed to meet conflicting proof on the trial. The trial court sustained a motion to dismiss as to count 1 and overruled it as to count 2. In passing on the demurrers he sustained the demurrers to count 1 and dismissed it, but sustained certain special demurrers to count 2 with leave to amend. The general demurrers to count 2 as renewed were not passed upon.

Under Code (Ann.) § 81-1001, where the court sustains any or all demurrers to…