Caffee v. Durrett

On Rehearing

Appellant argues that the complaint (Count A, the only one submitted to the jury) is subject to Ground 7 of his demurrer. This ground “For that the plaintiff’s complaint fails to state a cause of action.” is general. We will not put the trial court in error on this ground for overruling the demurrer. § 236, Title 7, Code 1940; United Ins. Co. of America v. Pounders, 279 Ala. 410, 186 So.2d 125; 16 Ala. Digest Pleading «=221. ,

It was not necessary to claim punitive damages in Count A. Sparks v. McCrary, 156 Ala. 382, 47 So. 332, 22 L.R.A., N.S., 1224; Black v. Hankins, 6 Ala.App.…