Drennen Motor Car Co. v. Webb

GARDNER, Justice.

The affirmative charge was given for plaintiff expressly on count 2 of the complaint, upon which the verdict was rendered pursuant to the court’s instruction, and all other counts were eliminated. This count was subject to the demurrer interposed thereto upon several grounds assigned in the original and amended demurrer. It is essential that the complaint disclose the existence of a relation between the parties, out of which arises a duty owing from the defendants to the plaintiff. Tennessee Coal & Iron Co. v. Smith, 171 Ala. 251, 55 So. 170; Higdon v. Fields, 3 Ala. App.…