Mobile Building & Loan Ass'n v. Odom

KNIGHT, Justice.

The plaintiff has stated her cause of action against the defendant in five counts. Counts 1, 2, and amended counts 3 and 4 claim damages for fraud and deceit practiced upon the plaintiff by defendant in the sale to her of two certain “membership” certificates in the defendant corporation. The complaint does not disclose the name of defendant’s agent who negotiated the sale of the certificates to the plaintiff. However, the evidence shows that, if any fraud or deceit was in fact practiced upon the plaintiff, the defendant’s sales agent McElroy was the guilty party.

Count 5 was…