Byars v. Sanders

If it could be affirmed as a matter of law that the averments of count 2 of the complaint, as last amended, show “a sale in gross,” we are not of opinion that this fact would, relieve the defendant of liability for damages resulting from a fraudulent representation as to the frontage of the lot. Harton v. Belcher, 195 Ala. 186, 70 So. 141; King v. Livingston Mfg. Co., 180 Ala. 118, 60 So. 143; Berry v. Wooddy, 16 Ala. App. 348, 77 So. 942; Gralapp v. Hill, 205 Ala. 569, 88 So. 665.

The cases cited and relied on by the appellant — Cox v. Collins, 205 Ala. 491, 88 So. 440, was for breach of…