Stegall v. SS Kresge Company

Court of Appeals of Georgia

Stegall v. SS Kresge Company

197 S.E.2d 737, 128 Ga. App. 679, 1973 Ga. App. LEXIS 1575

CourtCourt of Appeals of Georgia

DecidedApril 3, 1973

Docket47750

StatusPublished

Cited by3 cases

This text of 197 S.E.2d 737 (Stegall v. SS Kresge Company) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stegall v. SS Kresge Company, 197 S.E.2d 737, 128 Ga. App. 679, 1973 Ga. App. LEXIS 1575 (Ga. Ct. App. 1973).

Pincite

Opinion

Bell, Chief Judge.

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 the claim. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260). Plaintiffs complaint alleges a claim for wrongful discharge from employment. Defendant’s motion to dismiss was granted. The defendant asserts the correct legal principle that a contract of employment for an indefinite period may be terminated at will by either party (Code § 66-101). However, the complaint does not affirmatively show that the contract of employment was for an indefinite period. The trial court erred in sustaining the motion to dismiss.

Judgment reversed.

Deen and Quillian, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Bell, Chief Judge.

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 the claim. Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260). Plaintiffs complaint alleges a claim for wrongful discharge from employment. Defendant’s motion to dismiss was granted. The defendant asserts the correct legal principle that a contract of employment for an indefinite period may be terminated at will by either party (Code § 66-101). However, the complaint does not affirmatively show that the contract of employment was for an indefinite period. The trial court erred in sustaining the motion to dismiss.

Judgment reversed.

Deen and Quillian, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

197 S.E.2d 737, 128 Ga. App. 679, 1973 Ga. App. LEXIS 1575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stegall-v-ss-kresge-company-gactapp-1973.

Opinion

Related

Cite This Page — Counsel Stack