Hull-Dobbs, Inc. v. Mallicoat

Walter H. Mallicoat, Jr., brought this action in the General Sessions Court to recover of Hull-Dobbs, Inc. “damages in an amount to be determined by the court and caused by breach of contract and fraud in the sale to plaintiff of a 1956 Ford. ’ ’ The Sessions Court rendered judgment for $628.58 which, on appeal to the Circuit Court, was affirmed. The present appeal to this court by Hull-Dobbs Inc., resulted.

The assignments are (1) that the court erred in allowing oral testimony to contradict a written instrument and (2) erred in failing to dismiss the case against the plaintiff in error under…