City Dodge, Inc. v. Atkins

Pannell, Judge.

T. C. Atkins brought an action in three counts against City Dodge, Inc., Count 3 of which is the only count involved in the present controversy. The third count was based upon fraudulent misrepresentations made to the purchaser of an automobile sold by the defendant. The plaintiff recovered a judgment against the defendant and the defendant filed a motion to set aside the verdict and judgment based upon what it contended to be a non-amendable defect appearing upon the face of the record and that the third count showed upon its face that no claim in fact existed thereon against…