Hicks v. Wallace

Opinion of the Court by

Judge Settle

Granting appeal and reversing.

This is an appeal prayed from a judgment of the Boone circuit court sustaining a general demurrer to the petition and dismissing an action brought by the appellant, Samuel 'C. Hicks, wherein he was seeking to recover of the appellee, David B. Wallace, $303.38, by way of damages, for his alleged loss and deprivation of that amount of money, by and through the fraudulent acts and .knowingly false and fraudulent misrepresentations of the appellee.

It appears from the averments of the petition that on November 11, 1911, the…