Bates v. Turney

SAMFORD, Judge.

Count 4 of the complaint, as amended, is as follows: “Plaintiff claims of defendant $45.00 damages for deceit in the sale or exchange of certain lands belonging to the defendant and plaintiff, and representing to plaintiff by defendant that his land only had a mortgage indebtedness upon it of $642.13, which mortgage indebtedness the defendant knew at the time of the sale, was more than the amount represented by the defendant to the plaintiff.” Count 2 of the complaint was for money had and received. On these two counts and the plea of the general issue and estoppel issue was…