Opinion
36646.
DECIDED MAY 1, 1957.
Action on account. Before Judge Little. Brunswick City Court. January 2, 1957.
Thomas E. Spell, for plaintiff in error.
Neal G. Gale, contra.
The court did not err in overruling the general demurrer which was a speaking demurrer.
DECIDED MAY 1, 1957.
Brunswick Distributing Company, Inc., sued E. V. Turner on open account to recover the purchase price of certain spirituous liquors sold by the plaintiff to the defendant. The defendant demurred generally to the petition on three grounds. Since the first two grounds are almost identical, they will be treated together. In these grounds the defendant alleged that the petition did not state a cause of action because the sale was contrary to law in that Code Title 58 provides that the State Revenue Commissioner could promulgate regulations regulating the sale of spirituous liquors and that under such authority the State Revenue Commissioner had promulgated a regulation prohibiting the sale of spirituous liquors on credit. Ground 3 of the general demurrer was that the sale was void because the contract was contrary to public policy.
The court overruled all grounds of the general demurrer, and the defendant excepts.
There is no statute which prohibits the credit sale of spirituous liquors. This court cannot take judicial notice of regulations of the State Revenue Commissioner. Bernstein v. Peters, 69 Ga. App. 525, 532 ( 26 S.E.2d 192). Consequently, the two grounds of the demurrer which sought to allege violation of a regulation of the Revenue Commissioner were speaking, and were, therefore, properly overruled. See Code § 81-304, cases cited under catchwords, "Speaking demurrers."
The ground of the demurrer alleging that the sale was void because of public policy is without merit. The petition shows that it was a sale by a distributor to a licensed retailer and we cannot say that under such circumstances, a sale of whisky on credit violates public policy.
The court did not err in overruling the general demurrer.
Judgment affirmed. Quillian and Nichols, JJ., concur.