Kay v. Dean

The suit was on contract, and the complaint consisted of but a single count.

In the opinion in the case of Moundville Lumber Co. v. Warren, 203 Ala. 488, 83 So. 479, our Supreme Court said: “In declaring upon a contract, the pleader must either set out the contract literally or state its legal effect (Davis v. Campbell, 3 Stew. 319, 321), averring the facts showing defendant’s obligation, and, if on parol contract, stating the consideration (B. R. L. & P. Co. v. Littleton [201 Ala. 141] 77 So. 565, 573).”

The complaint, here, was defective in very much the same way as that pointed out in the…