Pate v. C.I.T. Corporation

The opinion of the Court was delivered by

Mr. Associate Justice Baker.

The appellant, plaintiff below, brought this action against the respondent, defendant below, for fraudulent breach of contract. Although the complaint contains allegations appropriate to other causes of action, the stated characterization of the action is the one adopted by the appellant in the Court below and in this Court. The respondent demurred to the complaint. From an order sustaining the demurrer with leave to appellant to amend, this appeal was taken..

The complaint alleges that the respondent financed for the…