Brooks Distributing Co., Inc. v. Pugh

Judge COZORT

dissenting in part.

I concur with that portion of the majority opinion reversing the trial court’s dismissal of the action as to defendant Pugh. As to the portion affirming the dismissal of the action against defendant Helton, I dissent. I believe the trial court erred in granting defendant Helton’s motion to dismiss under Rule 12(b)(6) of the Rules of Civil Procedure.

*723The majority opinion states that plaintiffs complaint against defendant Helton failed to state a claim because the contract upon which plaintiffs claim was based “lacked an essential element, a statement of any kind…