Lytell v. McGahey Chrysler-Plymouth, Inc.

TILLMAN PEARSON, Judge.

The trial judge dismissed plaintiffs’, appellants’, amended complaint upon the ground that it failed to state a cause of action. When the plaintiffs declined to further amend their amended complaint, the trial judge entered final judgment of dismissal, and the plaintiffs brought this appeal.

Plaintiffs’ original complaint sounded in tort for “false and fraudulent representations” by the defendant in the sale of an automobile to plaintiffs and claimed damages of $1500. The allegations of fraud were by way of conclusion; therefore, the original complaint was properly…