Bishop v. Kirby

Opinion of the Court by

Morris, Commissioner

Beversing.

Appellant was defendant below; the plaintiffs, C. B. and J. H. Kirby and Gr. C. Henderson in their petition alleged that on August 30, 1944, they had purchased from Bishop a restaurant business, equipment, stock and good will, for $1,500, paying $400 cash and delivering to Bishop a note for the balance; as their cause of action and we copy it verbatim: “Plaintiffs state that the defendant falsely and maliciously represented to them that the ceiling prices charged by him in the operation of said restaurant prior to the sale to these…