BELL v. FREEMAN

6 Div. 462.

104 So.2d 771 (1958)

L. W. BELL, for use of Fidelity Ins. Co. v. I. U. FREEMAN, d/b/a Freeman Motor Co.

Court of Appeals of Alabama.

Rehearing Denied August 19, 1958.


Attorney(s) appearing for the Case

C. M. Holder, Fayette, for appellant.

Nolen & Enslen, Fayette, for appellee.


PRICE, Judge.

The complaint claims damages for breach of warranty as to title in the sale of an automobile by defendant to L. W. Bell.

Defendant, appearing specially, for that purpose only, filed pleas in abatement 1 and 2, which were "denied" by the court. Defendant amended said pleas 1 and 2 and filed additional pleas in abatement 3, 4, 5, 6 and 7.

Plaintiff amended his complaint to read, "L. W. Bell, suing for the use of Fidelity Insurance Company...

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