Lightsey v. First National Bank of Birmingham

MERRILL, Justice.

This is an appeal from a judgment of nonsuit caused by the sustaining of demur■rers to the several counts of plaintiff’s •complaint. It is agreed that the court did not err in sustaining demurrers to Counts I, II and III. The argument here is that the court erred as to Counts IV, V, VI and VII.

The suit arose out of a contract dated March 2, 1949, prepared by the defendant, wherein the plaintiff agreed to sell to the defendant customer contracts representing the deferred payments for merchandise sold by the plaintiff, and this agreement was made an exhibit to the complaint.…