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CITIES SERVICE OIL CO. v. GRIFFIN

SC 2505.

357 So.2d 333 (1978)

CITIES SERVICE OIL COMPANY, a corporation v. Thomas F. GRIFFIN.

Supreme Court of Alabama.

April 7, 1978.

Attorney(s) appearing for the Case

John H. Morrow, Birmingham, Barry N. McCrary, Talladega, for appellant.

Robert S. Vance and James N. Brown, III, Birmingham, for appellee.

BEATTY, Justice.

This is an appeal by Cities Service Oil Company (Citgo) from a judgment entered against it based upon a jury verdict awarding the plaintiff, Griffin, $70,000.00 damages. We affirm.

The plaintiff filed this action obviously intending to charge Citgo with legal fraud as it is defined under Tit. 7, § 108, Alabama Code (Recomp.1958) (now Code of 1975, § 6-5-101):

Misrepresentations of a material fact, made wilfully...

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