Rufus and Delores Stancil v. First Mount Vernon Industrial Loan Association

I would affirm the judgment and not reform the litigation into an action not contemplated by the parties or the trial court. While I join the majority opinion as to count II, I respectfully dissent from my colleagues’ decision to remand counts III, IV, V, and VI. I believe a remand is unnecessary, because the, Stancils failed to state a claim for fraudulent misrepresentation or breach of an oral contract, and it would- be futile to afford them a second opportunity to do so. The majority seems to, believe that, >by allowing the Stancils-a second try at pleading their case, it is serving…