Clark v. Hartford Fire Ins. Co.

SIMPSON, Justice.

The plaintiff has appealed from a judgment of nonsuit, assigning for error the adverse rulings of the court sustaining demurrer to Count 2, as amended, and to Count 3 of the complaint.

Count 2, as amended, was on an account stated, which in effect, setting out the quo modo or basis of the action (We have disapproved this method of pleading. Ingalls Steel Products Co. v. Foster & Creighton Co., 226 Ala. 122[4], 145 So. 464), claimed on an alleged agreement of an adjustor appointed by the defendant company “to look after the adjustment of the claim” under a policy purportedly…