33 S.E.2d 175 | Ga. Ct. App. | 1945
The petition, construed most strongly against the plaintiff, does not plainly, fully, and distinctly set forth a cause of action, but is ambiguous and is couched in uncertain, alternative, and vague expressions, and when deleted of the conclusions of the pleader therein contained, sets forth no cause of action; and the court did not err in sustaining the demurrers and dismissing the action.
The prayers of the petition as finally amended, after the elimination of all equity features by the ruling of the Supreme Court, were as follows: "(b) For a recovery of such actual damages as have been sustained from the alleged wrongful acts . . (d) for a recovery of the difference between the highest market value of the property between the date of the wrongful sale and the date of the action, less the true amount found to be due on the loan; and (e) for additional damages on account of the humiliation caused by the defendant's wilful wrongs." The defendant's general and special demurrers alleged that the petition was largely conclusions of the pleader, and was duplicitous in that damages were claimed because of alleged libelous acts in one paragraph, and damages claimed for matters constituting a breach of contract in other paragraphs; and that various parts of the petition were vague and obscure, and other parts related merely to matters of proof rather than pleading and should be stricken as surplusage and irrelevant.
A primary rule of pleading in the superior court is that a plaintiff shall plainly, fully, and distinctly set forth the cause of action in his petition. Code, § 81-101; Everett v.Tabor,
Judgment affirmed. Sutton, P. J., and Felton, J., concur.