35 S.E.2d 304 | Ga. Ct. App. | 1945
In passing on a general demurrer to a petition, the allegations will be construed most strongly against the pleader, and allegations of matters essential to a good cause of action will not be implied from the pleading, but must be distinctly set up therein.
The contract of January 3, 1938, between the plaintiff and the Haileys, in which the latter were employed as agents, operators, *821 and managers of the plaintiff in the operation of the hotel, provided that the Haileys could not sell, transfer, or convey their interest in the contract to any person without the consent of the plaintiff. The contract also recited that it was expressly understood and agreed by both parties that the agreement was not in any way an assignment of the lease made by the defendant Jones to the plaintiff. The contract of November 1, 1938, between the Haileys and the defendant Jones, provided in part that Jones was employed as agent, operator, and manager for the Haileys in the operation of the hotel, and that the contract was not to be construed as a partnership. It also conveyed to Jones a half interest in the hotel, its furniture, fixtures, fittings, equipment, and good will. The contract of March 23, 1939, between the Haileys and Jones, merely conveyed to Jones the other half interest in the hotel property, formerly owned and held by the Haileys.
The defendant demurred to the petition on several grounds, those which are material being substantially as follows: That the petition did not set out a cause of action, and did not set forth facts authorizing either equitable relief or equitable jurisdiction; that it did not show that the defendant was under any contractual obligations to the plaintiff, or that the defendant had in writing assumed and agreed to pay the obligations of Frank E. Hailey and Lula Ann Hailey, alleged to be due under their contract with the plaintiff; and that there was a nonjoinder of necessary parties, namely, Frank E. Hailey and Lula Ann Hailey.
The trial court sustained the defendant's demurrer and dismissed the petition. The exception here is to that ruling. The case was first carried to the Supreme Court, and was transferred to this court because "it does not come under any of the type of cases over which the Supreme Court is given jurisdiction." SeeGilbert Hotel No. 4 v. Jones,
Judgment affirmed. Sutton, P. J., concurs. Felton, J.,concurs in the judgment.