Wellden v. Roberts

SIMPSON, Justice.

On recent consideration of this case in consultation the court was in disagreement with the opinion of the Chief Justice, to whom the case had been assigned, and the writer was requested to prepare the opinion of the court.

This is a certiorari to the Court of Appeals to review the judgment and opinion of that court reversing the judgment of the circuit court of Morgan County.

The suit was for damages for deceit and for money had and received against the defendant, doing business as R. Clyde Well-den Auction Company, by the plaintiffs Roberts. The defendant had contracted to…