HALL, Presiding Judge.
1. Appellant's complaint alleged that defendant was indebted to him in the amount of $2,000 by reason of a check for the same amount, a copy of which was attached. The trial court granted defendant's motion to dismiss for failure to state a claim upon which relief could be granted.
Construing the pleadings for appellant, it cannot be said beyond doubt that he is unable to prove any set of facts that would entitle him to any relief. Martin v. Approved Bancredit Corp., 224 Ga. 550 ( 163 S.E.2d 885); Byrd v. Ford Motor Co., 118 Ga. App. 333 ( 163 S.E.2d 327).
2. Appellee's motion to dismiss this appeal is denied. Hearn v. DeKalb County, 118 Ga. App. 730 ( 165 S.E.2d 467).
Judgment reversed. Deen and Evans, JJ., concur.
SUBMITTED JANUARY 12, 1970 — DECIDED JANUARY 21, 1970.