CANDLER, Justice.
Since the judgment of the Court of Appeals which we have for review dealt with a ruling on a motion to dismiss in the nature of a general demurrer we must at the outset recognize, apply and follow the applicable rule in such cases, which is — construe the petition most strongly against the petitioner, which means, that the absence of an allegation of a material fact means the non-existence of such fact. Hulsey v. Interstate Life &c...
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