Lenn v. Miller

DAVISON, Justice.

This is an appeal by Gurley B. Lenn (defendant below) from a judgment rendered on jury verdict in favor of James Leroy Miller (plaintiff below) for the sum of $211 compensatory damages and $200 exemplary damages.

A number of defendant’s complaints of error may be joined under the proposition that plaintiff’s proper remedy was for violation of a contract obligation and not for tort based on fraud, and that plaintiff was not entitled to a recovery of exemplary damages.

' It was alleged in plaintiff’s petition that the defendant was the sole owner and operator of O. C. Novelty…