Birmingham Broadcasting Co. v. Bell

This case comes here by appeal from a judgment rendered on verdict at law in favor of appellee. It was submitted to the jury on counts 1, 4, 5, 7 and 8. To all of them demurrer was overruled and that is the matter first to be considered.

Counsel for both sides seem to agree that count 1 is in assumpsit and that the other counts, supra, are in tort.

As to count 1, it is observed that it is not one of the common counts. It is a claim that defendant has unlawfully enriched himself at the expense of plaintiff, for which plaintiff claims a promise to pay implied by law, and it is expressed in…