Smith v. Houston County Hospital Board

McCALL, Justice.

The plaintiff appeals from a judgment of voluntary nonsuit suffered by him because of an adverse ruling of the trial court in sustaining the defendant’s demurrer to the amended complaint which consists of counts three through eight inclusive.

The question is what form- of action is stated in these several counts; that is, do they allege an action ex contractu or ex delicto? The plaintiff argues that count three of the amended complaint avers a breach of an implied contract wherein and whereby:

“ * * * for valuable consideration, defendant impliedly contracted, undertook,…