Lovett v. Funderburk

FOSTER, X

This case was tried on counts 4 and 5 as amended, in deceit. They are sufficient to state a cause of action. Williams v. Bedenbaugh, 215 Ala. 200, 110 So. 286; Byars v. Sanders, 215 Ala. 561, 112 So. 127; Ex parte Tidwell, 205 Ala. 254, 87 So. 626; section 9531, form 21, Code.

While they do not expressly allege that" the defendant made the representation to induce plaintiff to act, and while that is an element of deceit, there is no ground of demurrer addressed to such defect. King v. Livingston Mfg. Co., 180 Ala. 118, 126, 60 So. 143.

There was no demurrer or motion to strike…