A.A.A. Parking, Inc. v. Bigger

Bell, Presiding Judge.

1. This case involves a factual situation similar to that in A.A.A. Parking, Inc. v. Bigger, ante, and is between the same plaintiff and the same defendant but involves a different automobile. The original petition alleged demand for the return of the bailed property and the bailee’s refusal to redeliver. While this allegation of a breach of duty was in terms appropriate to an action ex delicto, in trover, it was appropriate also to an action ex contractu. Other allegations of the petition did not reveal whether the plaintiff intended to proceed in contract or in tort.…