Clark v. Kelly

Mobley, Justice.

1. The motion to dismiss the writ of certiorari is without merit.

2. In construing the petition as amended, the Court of Appeals held that two of the paragraphs in the petition were in irreconcilable conflict as to representations made by the defendant Kelly, pointing out that paragraph 34 of the petition charges “that defendant Kelly by his conduct and representations induced petitioner and her husband and agent to believe that he had effected insurance on said property . . .” (Italics ours), while paragraph 35 alleges “that petitioner and petitioner’s husband and agent in…