Dodson v. Phagan

Nichols, Justice.

H. T. Phagan filed an action against Annie Mae Dodson and Dale Gay in which he prayed for the cancellation of a deed. On the trial of the case the same was converted into an action for the breach of an oral contract and the question presented by the prayer seeking cancellation of the deed was removed from the case. The jury returned a money verdict for the plaintiff and against one of the defendants. It is from the judgment on this verdict that the appellant appeals. Held:

Argued April 13, 1970 Decided April 23, 1970. William E. Smith, for appellant. Telford, Wayne &. Stewart,…