87 So. 626 | Ala. | 1921
The Court of Appeals reversed this case upon the theory that counts 1, 2, and 4 were subject to the defendant's demurrer for failing to set out *256
the facts constituting the fraud relied upon by the plaintiff. In this we think that the Court of Appeals was in error. Each of said counts avers every fact necessary to the maintenance of the action with sufficient certainty. Henry v. Allen,
The writ of certiorari is hereby awarded. The judgment of the Court of Appeals is reversed, and the cause is remanded to said court for further consideration in conformity with this opinion.
Writ awarded.
All Justices concur, except MILLER, J., not sitting.