BIRMINGHAM BROADCASTING CO. v. BELL

6 Div. 429.

68 So.2d 314 (1953)

BIRMINGHAM BROADCASTING CO. v. BELL.

Supreme Court of Alabama.

November 5, 1953.


Attorney(s) appearing for the Case

Lange, Simpson, Robinson & Somerville, Birmingham, for appellant.

Hogan & Calloway, Birmingham, and Geo. Peach Taylor, Montgomery, for appellee.


PER CURIAM.

This case comes here by appeal from a judgment rendered on verdict at law in favor of appellee. It was submitted to the jury on counts 1, 4, 5, 7 and 8. To all of them demurrer was overruled and that is the matter first to be considered.

Counsel for both sides seem to agree that count 1 is in assumpsit and that the other counts, supra, are in tort.

As to count 1, it is observed that it is not one...

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