Thigpen v. Harbison-Walker Refractories Co.

The petition contains some allegations which are appropriate, if not adequate, to an action for breach of contract, and others which suggest that the pleader is attempting to recover for a tort consisting of fraud and deceit. The demurrers included a special ground that the petition was duplicitous in that it sought to recover for an alleged breach of contract and also for an alleged fraud perpetrated upon the plaintiff’s intestate by the defendants. After the filing of the demurrers the plaintiff amended the petition by elaborating allegations of fraud and deceit, presumably intending…