Tribune Co. v. Red Ball Transit Co.

Action on a written contract entered into between appellant and appellee Hiner, hereinafter mentioned as “appellee,” doing business under the name of “Red Ball Transit Company,” to recover the contract price of certain advertising alleged to have been run by appellant in its newspaper for appellee, pursuant to the contract sued on.

Appellee answered appellant’s complaint in two paragraphs, the first being a general denial, and the second an answer of fraud and alleging rescission of the contract. The second paragraph of answer alleges, among other things, that appellant represented to appellee…