Wellden v. Roberts

67 So.2d 69 (1951)

WELLDEN

v.

ROBERTS et al.

8 Div. 961.

Court of Appeals of Alabama.

November 20, 1951.

Rehearing Denied January 15, 1952.

Thos. G. Steele, Athens, for appellant.

Russell W. Lynne and Norman W. Harris, Decatur, for appellees.

PRICE, Judge.

"The amended complaint consisted of four counts, three of which, namely, 1, 3 and 4, claimed damages in the sum of $1000.00 on account of fraud perpetrated by the defendant upon the plaintiffs, and one of which, namely, count 2, claimed $455.00 for money had and received.

"Briefly stated, the allegations of counts of the complaint based on fraud were…