Bell v. Atlanta Cooperage Company, Inc.

Full title: BELL v. ATLANTA COOPERAGE COMPANY, INC. et al

Court: Court of Appeals of Georgia

Date published: Feb 17, 1970

173 S.E.2d 427 (Ga. Ct. App. 1970)

173 S.E.2d 427

Opinion

45097.

SUBMITTED FEBRUARY 3, 1970.

DECIDED FEBRUARY 17, 1970.

Action on account. Fulton Civil Court. Before Judge Camp.

Stanley H. Nylen, for appellant.

Dunaway, Shelfer, Haas Newberry, Williams S. Shelfer, Jr., for appellees.

PANNELL, Judge.

Under the Civil Practice Act (Ga. L. 1966, p. 609, as amended; Code Ann. Title 81A), a complaint should not be dismissed unless the averments disclose with certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of such claim. Harper v. DeFreitas, 117 Ga. App. 236, 238 ( 160 S.E.2d 260). The petition in the present case being amply sufficient to meet the requirements of the Act, and not affirmatively disclosing that complainant is not entitled to relief under facts provable under the allegations made, the trial court erred in sustaining the motion to dismiss.

Judgment reversed. Jordan, P. J., and Eberhardt, J., concur.

SUBMITTED FEBRUARY 3, 1970 — DECIDED FEBRUARY 17, 1970.