First Bancredit Corp. v. J. G. McKenzie Lumber Co.

The petition is in two counts. Counsel for both parties seem to concede that the first count sounds in tort for deceit, and it might be here noted that the prayer in the first count is that the petitioner “do have and recover judgment” against the defendants, without specifying any amount, which would indicate an intention to sue on the tort. Under our Code, § 105-2006, “General damages are such as the law presumes to flow from any tortious act, and may be recovered without proof of any amount. Special damages are such as actually flowed from the act, and must be proved in order to be…