Moffitt v. Fitzpatrick

MERRILL, Justice.

Appeal from a decree overruling demurrer to the bill of complaint as amended.

Appellee Fitzpatrick filed the bill against appellant Moffitt, alleging that in September, 1950, appellant, who had had experience in operating motion picture theaters, represented to Mary Ann Murphy Rankin, Nell B. Laney and appellee that the Clover Theater was for sale and invited them to associate with him in a partnership venture to purchase it.

It was alleged that appellant represented that Mary Rankin had deposited $5,200 as her contribution; that Nell Laney had deposited $2,000, and that…