O'Dell v. Appalachian Hotel Corp.

Appalachian Hotel Corporation, plaintiff, recovered a judgment against James H. O’Dell, defendant, in the-sum of $1,000.00, on a stock subscription contract entered into between the parties.

The case is a proceeding by notice of motion for judgment.

The defendant filed a special plea in writing and charged fraud and deceit in the procurement of the contract. The plaintiff filed its demurrer to the plea, which the court sustained, and entered judgment for the plaintiff as above stated.

The notice charged that the subscription contract was contingent upon the forming of a hotel corporation; and…