Weller v. Moffett's Pharmacy, Inc.

Miller, Justice:

This is an appeal by A. Louise Weller from a March 28, 1980, final order of the Circuit Court of Jefferson County which granted the defendant’s motion to dismiss for failure to state a claim upon which relief can be granted. Because the trial court’s order was based on an erroneous legal conclusion, we reverse and remand for further proceedings.

*200We are faced with an unusual circumstance in this appeal: the parties agree as to the law and the facts. The facts are simple. Moffett’s Pharmacy, Inc., [Moffett] instituted an action against the appellant and her now deceased husband…