Opinion
49117.
ARGUED MARCH 5, 1974.
DECIDED MARCH 12, 1974.
Action on contract. Fulton Civil Court. Before Judge Camp.
Johnson, Harper, Daniel, Ward Stanfield, William W. Daniel, for appellant.
Troutman, Sanders, Lockerman Ashmore, William H. Schroder, Jr., J. Kirk Quillian, for appellee.
Plaintiff appeals the dismissal of his complaint alleging the breach of an employment contract with the defendant. The appellee contends the petition fails to state a claim for relief for the reason the contract was for an indefinite period of time. We disagree.
The contract was alleged in general terms, a copy of the contract is not found in the pleadings. Since the pleadings do not affirmatively show that the contract of employment was for an indefinite period, the trial court erred in sustaining the motion to dismiss. Stegall v. S. S. Kresge Co., 128 Ga. App. 679 ( 197 S.E.2d 737).
Judgment reversed. Deen and Stolz, JJ., concur.